Imagine a cross-examination technique that can consistently destroy a witness's credibility, elicit surprising answers, and create the powerful moments that win hard cases. Imagine a strategy that allows you to easily control hostile witnesses and get exactly what you want from them—support for the crucial points of your case.
Dynamic Cross-Examination rejects the old adage that you must never ask a question to which you do not know the answer. Instead, this book reveals the importance of remaining flexible and being unafraid to take risks. Author James H. McComas, an attorney well known for winning seemingly impossible cases, explains that taking a more creative approach to advocacy opens the door to achieving much greater success.
By mixing leading and non-leading questions, closely monitoring a witness's behavior, maintaining a fluid and energetic pace, and adapting your line of questioning to take advantage of unexpected responses, you can create and seize opportunities to drive your points home during cross-examination. That is why Rick Friedman, in his foreword to this book, affirms that he has used McComas's method in every cross-examination he has conducted over the past twenty years.
In this straightforward book, McComas leads you through nine case studies that demonstrate the effectiveness of his Dynamic Cross-Examination technique in civil and criminal cases. Insightful commentary accompanies each transcript, offering you concrete examples of how to elicit opportunities to win from a witness, discredit eyewitness and expert testimony, effectively use in-court demonstrations, handle objections, and deliver killer comebacks.
As McComas shows, the key to winning a tough trial is using cross-examination to promote your own case, while undermining your opponent. Dynamic Cross-Examination gives you the confidence you need to think on your feet and get exactly what you want from witnesses.
- Foreword by Rick Friedman
- Foreword by W. Gary Kohlman
- Part I: Comparing Methods Calls for a New, Dynamic Approach
- What Is the Purpose of Cross-Examination?
- Cross-Examination: Art or Science?
- The Modern Yes-No Method of Cross-Examination
- The Method Matters a Lot
- The Dynamic Method of Cross-Examination
- How Do You Do Dynamic Cross-Examination?
- Part II: Case Example: State v. Peter Piper
- Introduction State v. Peter Piper
- Preparing for Dynamic Cross-Examination of Quarrel Kwiktrigger
- Dynamic Cross-Examination of Quarrel Kwiktrigger
- Preparing for Dynamic Cross-Examinatino of Sucha Snitch
- Dynamic Cross-Examination of Sucha Snitch
- Part III: Dynamic Cross-Examination for Plaintiff's Lawyers in Jury-Trial Cases
- Comparison of Cross-Examination in Plaintiff's and Criminal Practice
- Introduction to Jones v. Bigshot
- Dynamic Cross-Examination of Bertha Bigshot, MD
- Preparation for Ugit Nottabuk, PhD, Neuropsychologist
- Dynamic Cross-Examination of Ugit Nottabuk, PhD
- Part IV: Final Issues Concerning Cross-Examination
- Analytical Charts and Visual Aids
- Handling Special Cross-Examination Problems
- Maxims for Attorneys for the Underdog
What Legal Leaders Are Saying
— Rick Friedman, author of Rules of the Road
I feel safe in saying you hold in your hands a book that will revolutionize how generations of trial lawyers think about cross-examination.