While many lawyers expect to have their own witnesses provide testimony on direct examination consistent with the preparation of the witness undertaken prior to trial, often their in-court testimony varies considerably from that which was expected. Generally, this is due to a good amount of in-court anxiety from both the witness and lawyer causing a lawyer’s carefully laid out examination to go awry.
The trial lawyer who is more focused on the notes on his legal pad than the answers being given in court is not providing a service to his client. Indeed, the "pad-bound" lawyer has failed to adhere to two basic rules of trial advocacy which can destroy an otherwise compelling case. The principles of "listening" and "looking" might sound basic and rudimentary but following them, paying proper attention and letting go of the notes is essential for a successful outcome.
Listening
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