While many trial lawyers focus on the excitement and challenge of a strong cross examination, these same lawyers often overlook the importance of a strong direct examination. While it is true that cross can be exciting, it is also true that a powerful direct can win the case. Avoiding simple mistakes on direct examination will unquestionably strengthen your position and, at the same time, help you achieve the verdict you want.
Listen to the Answer
Too often trial lawyers are bound to their notes during direct. It is not that these lawyers are unprepared. Quite the contrary: these lawyers have, unquestionably, rehearsed the testimony with the witness and have prepared incessantly. The trial mantra “prepare, prepare, prepare” is something they have done well. The problem is that these same lawyers read their questions to the witness, forget to listen to the witness’ answers and assume that they have received the same answer as they had during preparation. A classic example of this mistake—not listening—is demonstrated by the following questions asked by the over-prepared, inattentive lawyer who fails to listen:
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