The spontaneity of cross-examination and impeachment often intimidates lawyers early in their trial career. NITA Education Director Rhani Lott Choi and Denver trial lawyer Kate Sandlin have been there, done that — and in this episode, they disclose their favorite tips that honed their skills and settled their nerves. Rhani and Kate talk about how to feel at ease in the moment, advance-prep for the “spontaneity” of cross and impeachment, bring wily witnesses to heel, use demonstratives to pin down an answer, and help your witness be ready to take the stand.

Topics

3:05     Cross-examination: what is it good for?  
5:55    How to plan for cross
8:23     Thoughts on your judge
12:28  Learning about your judge
14:47  Single-fact, leading questions
21:09  Demonstration of crossing a bad witness
27:16  Crossing an alleged crime victim
32:03  Using demonstrative exhibits  
34:22  Witness preparation
39:14  Impeachment: what is it good for? 
41:50  Dangers of impeachment
45:34  Demonstration of impeachment
51:16  One best cross tip
53:50  Signoff question

Quote

“Every mistake I’ve made on cross-examination, if I ever go back and look at it, the problems start with my question, and I probably wouldn’t have made that mistake if I’d asked a better question.” Rhani Lott Choi

Resources

Rhani Lott Choi (bio)
Kate Sandlin (bio)
Building Trial Skills: San Diego (course)
Show AND Tell: Using Exhibits Effectively in In-Person and Remote Advocacy (free webcast)