There is a science to preparation.
Preparation, above all other things, makes better trial lawyers.
- Makes a lawyer steady in the court room
- It leads to a sense of control
The starting point of science of cross-exam is the development of the first draft of the case theory.
Before looking for new facts, evaluate facts already existing.
Preparation system must be simple and efficient.
- Reduce discovery into groupings of facts that can be quickly and easily used.
Systematic organization of facts permits lawyer to recognize inconsistencies.
- Inconsistencies are useful in attacking credibility of a witness, but not for constructing factual pictures that teach the fact finder.
Cross-exam consists of chapters that undermined opponent’s case and chapters that support the cross-examiner’s theory of the case.
Categorize discovery in terms of topics as discussed by each witness.
There is a necessity of absolute accuracy and thoroughness.
Preparation creates power, a sense of calm, and control.
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