There is little question that the cross-examination of an expert can be both challenging and intimidating. Indeed, there are times when an expert witness has far more courtroom experience than the lawyer attempting to cross-examine him. The attorney who begins a cross without a clear purpose and without thorough preparation is headed for disaster, but with a solid plan, proper preparation, and the use of appropriate techniques, the cross of an expert can go a long way to supporting a winning summation.
There are certain time-tested trial techniques that can be used by attorneys to cross-examine an expert regardless of his field of expertise and regardless of his experience. Three effective techniques every attorney should develop and use when cross examining an expert include: controlling the witness, using the “voice of reason,” and asking low risk open-ended questions.
Tell, Don’t Ask
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