It was a close case. In preparation for the arbitration hearing, Bob had spent a lot of time preparing his client, Roger. Roger was going to testify that John, his former partner, had engaged in mischief with partnership funds and steered partnership opportunities to himself. Bob knew John was going to testify that Roger not only knew what John was doing, but that Roger specifically gave John the green light to do all of these things. In view of this credibility contest, Bob spent hours with Roger going over potential lines of cross-examination — preparing Roger not to “lose it” in response to the anticipated grilling and doing everything to present Roger as likeable and credible.
It worked. On direct examination, Roger testified crisply. He listened to the questions, he did not wander and he looked directly at the arbitrator. His performance on cross-examination was even better. He did not get rattled. His answers demonstrated that he really did not know about the opportunities that were going John’s way.
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