Review (PDF) Cross-Examination Handbook: Persuasion, Strategies, And Techniques (Aspen Coursebook)
The Cross-Examination Handbook teaches students the skills and strategies behind planning and conducting a persuasive cross-examination. This book offers step-by-step instruction and outstanding examples from illustrative trials. Two criminal and two civil case files, along with role-play assignments, give students practice actually planning and executing a cross-examination.
Series: Aspen Coursebook
Paperback: 384 pages
Publisher: Wolters Kluwer Law & Business; 2 edition (December 10, 2014)
Language: English
ISBN-10: 1454852003
ISBN-13: 978-1454852001
Product Dimensions: 7 x 0.9 x 10 inches
Shipping Weight: 1.3 pounds (View shipping rates and policies)
Average Customer Review: 5.0 out of 5 stars See all reviews (10 customer reviews)
Best Sellers Rank: #580,489 in Books (See Top 100 in Books) #101 in Books > Law > Rules & Procedures > Trial Practice #469 in Books > Law > Rules & Procedures > Civil Procedure #1050 in Books > Law > Legal Education
This book really should be called The Cross-Examination Bible. Clark, Dekle and Bailey have done the heavy lifting, amassing the best strategies and techniques for any trial lawyer or student.First and foremost, don’t be fooled by the name. This book teaches so much more than just how to question a witness on the stand—including the fundamentals of building a case theory, and turning it into a story that will resonate with a jury. In terms of cross-examination, no stone is left unturned. This book breaks it down, showing how to identify the purpose of a cross, preparing questions, and executing it effectively for the jury. Every technique is illustrated with real-life examples from masters such as Clarence Darrow, F. Lee Bailey, and Abraham Lincoln, through transcripts of some of their most famous trials.I found the section on finding and using social media materials to impeach witnesses particularly illuminating, given how prolific people’s “digital” lives are becoming. This edition also features a great new section on visual storytelling, something that can make or break a case, including when and how to use photos, computer animations, charts or graphs.In law school, I was an avid mock trial competitor. Oh that I wish I’d had this book then! As a new attorney starting my career in trial work, the Cross-Examination Handbook is one of the few textbooks that not only will I keep, but will refer to again and again.
Cross-examination has been described as “the greatest legal engine ever invented for the discovery of truth.” JOHN H. WIGMORE, 5 WIGMORE, EVIDENCE §1367, at 32 (Chadbourn rev. 1974). Yet, according to authors Clark, Dekle, Sr., and Bailey, “[t]oo few trial lawyers are good at cross-examination.”Readers rejoice: this book provides the building blocks for preparing and conducting winning cross-examinations. This book explains the concession-seeking cross, basic impeachment concepts, and how to use visuals and exercise control over the recalcitrant, unruly witness.This book is an essential companion to:(1) LARRY POZNER AND ROGER J. DODD, CROSS-EXAMINATION: SCIENCE AND TECHNIQUES (LexisNexis 2d ed. 2004);(2) FRANCIS L. WELLMAN, THE ART OF CROSS-EXAMINATION (Macmillan Co. 4th ed. 1936); and(3) JAMES H. MCCOMAS, DYNAMIC CROSS-EXAMINATION: A WHOLE NEW WAY TO CREATE OPPORTUNITIES TO WIN (Trial Guides 2011).
Cross-Examination Handbook: Persuasion Strategies and Techniques is an outstanding treatise that successfully conveys the preparation of a cross-examination in both a civil and criminal context. This book is not only beneficial to law students, but also to practitioners with years of experience. Clearly, Clark, Dekle and Bailey have combined their years of actual courtroom experience into a single treatise that teaches you how to approach and construct a cross-examination in the context of the entire trial. While using examples from both civil and criminal case files, the reader learns how to create a case theory from the beginning and carry it throughout the entire case, specifically, during cross-examination. The checklists and explanations of the different types of cross-examinations and how to accomplish an effective cross, based on the type of witness, are invaluable. As a hearing officer that has presided over more than 15,000 hearings, I highly recommend this handbook to anyone - from law student to seasoned practitioner.
Cross-examination is a critical part of litigation practice and often can be daunting to prepare for. For me the great challenge of preparing for cross-examination lies in the fact that testimony and witnesses can be so unpredictable. The Cross-Examination Handbook does a great job of breaking down, preparing and building strategies for dealing with the unpredictability of testimony. This book is all about thorough, detailed and careful preparation, preparation that leads to success in the courtroom. The Cross-Examination Handbook is a tool that I have found incredibly powerful for my practice.
This updated book by some of America's top trial lawyers is not only basic enough for a novice attorney, but complete enough for a veteran. It applies equally to civil and criminal applications. The use of examples from recent cases in the news makes for engaging reading and keeps this volume relevant. This is a must read for every trial lawyer.
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