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Your Witness: Lessons on Cross-Examination

Law Bulletin Publishing Company, 2008 - 368 pages

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A New Classic

One of the book's esteemed editors, Steven Molo, correctly declares, "It is the human element--the ability to sense where a person is going, or when enough is enough--that distinguishes great cross-examiners." With that principle in mind, Molo and Figliulo have created a very thorough and entertaining book on cross-examination. When reading this book, I often found myself comparing it to Wellman's classic, The Art of Cross-Examination. Your Witness wins hands down.

The book is a collection of 50 cross-examination stories told by 50 of Chicago's greatest trial lawyers. The stories are anywhere from 5-10 pages in length. There are two things that make this book significantly better than Wellman's classic. First, it is timely. Wellman's book is almost a hundred years old and many of the examples are not relevant today. Second, and more importantly, the reader sees a variety of views about cross-examination since there are 50 contributors. Cross-examinaion is an art form, and by seeing how different lawyers conduct cross, you can decide which approach best fits your personality and the situation you face. For example, in Chapter 30, Barry Montgomery teaches a wonderful lesson on how a defense lawyer should cross-examine a catastrophically injured plaintiff. What could be more nerve-wracking for an attorney? Not to worry. Montgomery walks you through his strategy and clearly explains his techinique. His solution will surpise you!

Other chapters deal with important and timely issues such as how to cross-examine by using technology in the courtroom, to support your case, to undermine an expert, and even how to cross-examine a Nobel Prize Winner. Each chapter provides a short background of the case (the cases are almost always very interesting), the cross-examination that was used in the trial, and the lawyer's analysis of why the cross was successful or not. I am a firm believer in teaching attorneys trial skills based on real courtroom examples. This book is a much needed addition to trial literature and should be in every litigator's library.


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Your Witness: A Fantastic Read for Trial Buffs, Lawyers and Non-Lawyers Alike

This is a fantastic volume and a must-read for trial buffs. Steven Molo and James R. Figliulo, who are prominent attorneys themselves, have collected and edited some 50 vignettes from the best of the Chicago bar centered around a single theme: how to take an effective cross-examination. Reading this book is like having dinner with 50 seasoned trial lawyers and listening in as they trade war stories.

The lessons divulged range from questioning the received wisdom concerning cross-examination (Chris Gair illustrates that the old adage "Don't ask a question to which you don't know the answer" does not always hold true), to courtroom mechanics (Phil Beck of Bush v. Gore fame discusses how to use demonstrative exhibits properly when taking testimony), to how to be a principled practitioner (the late Donald Hubert offers insight from his experience in Chicago's notorious and contentious redistricting litigation).

The many pearls of wisdom in this volume are sewn in layers of local color that keep the pages flipping at a quick rate. Perfect read for practitioners, trial buffs, and anyone who appreciates good old-fashioned storytelling.




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In YOUR WITNESS, 50 of the nation s top trial lawyers share the secrets of the most engaging, difficult, and dramatic aspect of their work cross-examination.

These secrets are revealed through richly told courtroom war stories with a point. While the stories contain some interesting bits of Chicago color mobsters, corrupt politicians and businessmen, street gangs, mass murderers, sports figures, Nobel Laureates, and Colonel McCormick of the Tribune many of the stories occur across the nation and the book has broad appeal to lawyers and non-lawyers alike.


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