The Fearless Cross-Examiner: Win the Witness, Win the Case

Patrick Malone

18 Reviews
Format: Hardcover
Condition: New
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Sale price$165.00

From Patrick Malone, co-creator of the groundbreaking Rules of the Road™ trial technique, comes another important book: The Fearless Cross-Examiner. The current approach to cross-examination is dated, and in this book, Malone systematically demolishes these tired and restrictive ideas in favor of a more adaptable and effective approach.

The Fearless Cross-Examiner gives a detailed look at what it takes to conduct case-winning cross-examinations. Malone offers advice on the place of cross in successful case-building, how you can discredit dishonest witnesses without alienating the jury, and on how to combat the various problems you will encounter during cross-examinations. He also provides perspectives on how personal reflection and self-improvement can help your performance during cross.

Framed by the antiquated commandments of cross-examination and informed by the Rules of the Road™ method, The Fearless Cross-Examiner is a masterful guide to winning despite difficult adverse witnesses. This new method refuses to shy away from the stressful reality of cross in high-tension courtroom environments. Instead, it confronts this reality head-on through real-world trial excerpts and examples from America’s leading trial lawyers, including David Boies, Rick Friedman, F. Lee Bailey, and more. This book will allow lawyers of any experience level to gain confidence; improve their cross-examination techniques; and perform at their best in depositions, arbitrations, and trials.

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Hardcover: 417 pages; 1st edition (2016); ISBN: 978-1941007532
Publisher: Trial Guides, LLC
  1. Publisher's Note
  2. Introduction
  3. Part I: You, the Cross-Examiner
  4. Laying the Mental Foundation
  5. Freeing Yourself from the Ten Commandments of Cross
  6. Choosing the Weapons Right for You
  7. Part II: Building the Case with Cross-Examination
  8. Cross-Examination with Case-Building Rules
  9. Witness Self-Interest and Case-Building Cross
  10. Using Treatises to Get to Yes
  11. Part III: Tearing Down the Witness
  12. Planning: The Essential Weapon for Speed
  13. Cross-Examination with Witness Tear-Down Rules
  14. Fixing Contradictions Cross
  15. Exposing the Ignorant Witness
  16. Shooting It Out with the Hired-Gun Witness
  17. Polarizing the Extreme Witness
  18. Fundamental Attribution
  19. Mining for Dirt
  20. Part IV: Problems and Solutions
  21. Evidence Rules Every Cross-Examiner Must Know
  22. Calling the Adverse Party
  23. Technique Problems and Their Cures
  24. Controlling the Runaway Witness
  25. Part V: Bringing It Home
  26. Pulling Together What We’ve Learned
  27. Appendices
  28. Appendix A: Truisms and Rules
  29. Appendix B: Writing Better Rules for Cross-Examination
  30. Acknowledgments
  31. Sources
  32. Index
  33. About the Author

What Legal Leaders Are Saying

How often do you see a law book that is both revolutionary and laugh-out-loud funny? The Fearless Cross-Examiner is. Chock-full of innovative tips, real trial transcript examples, and fresh approaches to cross-examination, Malone’s book takes the panic out of cross-examination and puts you back in the driver’s seat. This one is a winner.

— Zoe Littlepage, 2015 winner of the American Bar Association’s Pursuit of Justice Award
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Kevin I.
Verified Buyer
Excellent book with terrific strategies!!
Excellent book with terrific strategies!!
Published date
01/27/24
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Barry S.
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excellent and well written -
excellent and well written - got some great tips and skills highly recommended
Published date
10/28/23
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Kevin Q.
Verified Buyer
My go-to cross exam book
I prefer this to Pozner and Dodd
Published date
03/18/23
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Jackson S.
Verified Buyer
Excellent
Excellent
Published date
02/18/23
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Dave S.
Verified Reviewer
Excellent Book
I’m reading through The Fearless Cross-Examiner for the second (perhaps third) time in a few years. By far one of the best books on the subject.
Published date
08/26/22
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