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This Was a HORRIBLE Example of What Lawyers SHOULD NOT Do During Closing Arguments

Gerry Oginski's New York Legal Blog

I thought you're not supposed to allow the witness to explain anything when cross examining a witness," she said. "You're A bare-bones, no frill, no substance, no great oratoracle skills closing argument. I asked my daughter who she believed, just based on watching this closing argument.

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BLINDERED BY THE LIE

Temple University Beasley School of Law - Advocacy

In a capital case, the following cross-examination occurred: Q: On direct examination you said that you saw my client go into the alley. The cross of the cooperator went through the statement line by line, making the witness admit that every sentence that reduced the culpability of their client was A LIE. But this lawyer?

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THE CHARACTER WITNESS CONUNDRUM

Temple University Beasley School of Law - Advocacy

And character testimony may be challenged on cross-examination. The theory is simple if not simplistic: if the witness says “yes, I’ve heard of that conviction” then the prosecutor, in closing argument, may question that witness’ standards.

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Visualization as a Tool to Enhance Performance: Picture Yourself in the Courtroom

The Successful Lawyer

Visualize witness examinations. Watch your client’s demeanor as he or she is cross-examined as well. Imagine the actual cross-examination to help you prepare ways to preemptively neutralize it. Both consciously and unconsciously, their arguments have been percolating in your mind for months.

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POLARIZE THE CASE

Temple University Beasley School of Law - Advocacy

In one iteration of his “Ten Commandments” lecture on cross-examination, the famed advocacy teacher Irving Younger posited that ‘less is more.’ When showing a witness’ bias, you need not call them out as a liar; instead, simply argue in closing “and the witness, who testified for the defendant – it’s their mother.”

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Why the BEST Trial Lawyers in New York DON'T Do a Touchdown Dance When They Score Points at Trial

Gerry Oginski's New York Legal Blog

The jury will get to listen to cross-examination of the defense witnesses. They will also be watching closely cross examination of your witnesses. During cross examination, an attorney's goal is to show that the witness is lying. His goal is to show that he's being less than truthful.

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Why Would an Attorney BUY the Trial Transcript During Your Trial?

Gerry Oginski's New York Legal Blog

Having the actual transcript is extremely useful during cross examination of a witness. Having a word-for-word transcript is also helpful during closing arguments. It's also helpful to show to your medical experts who will be testifying soon and who are not in court listening to the daily testimony.