There’s always a surprise during cross-examination.

That’s what Kirkland & Ellis partner Donna Welch told me when I asked her this week why trial lawyers seem to like talking about cross and everything that goes into it. Opening statements, closing arguments and even direct testimony can be scripted to a certain point, she said. But cross-examination is a bit more unpredictable. That’s especially the case with expert witnesses–highly-trained, often-compensated subject-matter experts who don’t concede points readily.

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