Dynamic Cross-Examination: A Whole New Way to Create Opportunities to Win

James H. McComas

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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.

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Paperback: 479 pages; First edition (2011); ISBN: 978-1941007709
Publisher: Trial Guides, LLC
  1. Foreword by Rick Friedman
  2. Foreword by W. Gary Kohlman
  3. Introduction
  4. Part I: Comparing Methods Calls for a New, Dynamic Approach
  5. What Is the Purpose of Cross-Examination?
  6. Cross-Examination: Art or Science?
  7. The Modern Yes-No Method of Cross-Examination
  8. The Method Matters a Lot
  9. The Dynamic Method of Cross-Examination
  10. How Do You Do Dynamic Cross-Examination?
  11. Part II: Case Example: State v. Peter Piper
  12. Introduction State v. Peter Piper
  13. Preparing for Dynamic Cross-Examination of Quarrel Kwiktrigger
  14. Dynamic Cross-Examination of Quarrel Kwiktrigger
  15. Preparing for Dynamic Cross-Examinatino of Sucha Snitch
  16. Dynamic Cross-Examination of Sucha Snitch
  17. Part III: Dynamic Cross-Examination for Plaintiff's Lawyers in Jury-Trial Cases
  18. Comparison of Cross-Examination in Plaintiff's and Criminal Practice
  19. Introduction to Jones v. Bigshot
  20. Dynamic Cross-Examination of Bertha Bigshot, MD
  21. Preparation for Ugit Nottabuk, PhD, Neuropsychologist
  22. Dynamic Cross-Examination of Ugit Nottabuk, PhD
  23. Part IV: Final Issues Concerning Cross-Examination
  24. Analytical Charts and Visual Aids
  25. Handling Special Cross-Examination Problems
  26. Maxims for Attorneys for the Underdog
  27. Conclusion
  28. Appendices

What Legal Leaders Are Saying

I feel safe in saying you hold in your hands a book that will revolutionize how generations of trial lawyers think about cross-examination.

— Rick Friedman, author of Rules of the Road