Once again, I feel compelled to share the good work of Elliott Wilcox at Winning Trial Advocacy Tips. Elliott reminds us that we lose the power of an effective cross-examination when we convene with co-counsel and the end of good cross. He offers this tip:
To take advantage of recency during your next examination, don’t wait until the very end of your examination to ask for help. Instead, keep a handful of questions on a major topic in reserve before asking to confer with co-counsel. Once you’ve concluded your off-the-record conversation, return to the lectern and hit the witness with your final series of questions. Much like the encore at a concert, this series of questions will be more memorable, because it stands out from the rest of your examination. All that’s left to do is smash a guitar against the witness stand, so that when you walk offstage your jurors will be left with the impression that your examination was a “smashing” success!
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