You've probably heard that in direct examination, controlling your witness is all about witness prep, while in cross, leading questions are the key. Those oft-repeated tenets are true, say podcast guests Judge Amy Hanley and NITA faculty member Adrienne Johnson, but they oversimplify the specific control techniques that actually work and how attorney style, hearing type, and venue factor in. Tune in as they get specific about the part of trial over which we have the least control: examining witnesses.  

Topics 

3:48 One task lawyers often overlook 
7:08 Prep is not just for the witness 
9:50 Practice questions 
13:33 Witness crumbles on the stand 
18:52 Leading questions on cross 
21:00 Using your voice 
26:12 Tips for controlling on cross 
32:33 Anecdotes about control in the courtroom 
36:05 Developing your trial style 
38:30 Impact of venue and regions 
41:22 Controlling in different types of proceeding  
46:06 Script versus bullet points 
55:20 Expecting problems 
58:16 Examinations gone wrong, and right 
1:07:07 Signoff questions 

Quote 

“I think one of the best tools for witness control is some self-control. I always say that often—most of the time—when you get an answer you don’t like from a witness or that is not responsive, usually that’s a ‘you’ problem. You have not phrased the question well to ask the thing that you want an answer to. So the first thing I always think about when I think of a witness being out of control is whether I did a good job with my questions. Did I lead on cross? Am I introducing one fact and not asking for several facts at a time? Did I leave something up to interpretation?” Adrienne Johnson 

Resources 

Judge Amy Hanley (LinkedIn) 

Adrienne Johnson (LinkedIn) 

NITA Women in Trial (course) 

Direct Neglect: Where Is the Love?, with Judge Amy Hanley and Dennericka Brooks (episode) 

The Tense Trio, with Judge Amy Hanley and Cheryl Brown Wattley (episode) 

Justice at Trial, with Jim Brosnahan (episode) 

Give ‘em the Ol’ Razzle Dazzle, with Dominic Gianna (episode)