Table of Contents
Cross-Examination: Science and Techniques, Second Edition
In Cross-Examination: Science and Techniques, Second Edition
, Larry Pozner and Roger Dodd continue their outstanding tradition of helping attorneys conduct commanding cross-examinations. The second edition offers deeper analysis of cross-examination methods, with more integration and interrelationship of techniques and principles. In analyzing thousands of new trial experiences, they present efficient techniques to confront the challenges of evolving admissibility standards and electronic discovery, and ultimately, help attorneys develop cross-examination skills that are critical to trial success. Inside you'll find valuable advice on how to:
• Use opponents' objections as the springboard for deeper and broader cross-examinations.
• Sequence cross-examination to teach the theory of the case in the best way, and to literally expand the rules of admissibility
• Use "loops" (the practice of incorporating and repeating key phrases and terms in successive questions to the witness) to rename witnesses and exhibits.
• Use "double loops" to discredit opposing expert witnesses.
• Use voir dire to create great jurors
• Use a fact-driven investigation to develop a winning theory
• Use a witness's own words to follow your theme and theory
• Control the runaway witness
• Communicate winning theories in opening, cross, and closing
• Use loops to box in the witness
• Use tactical sequencing to create the most powerful cross
• Convert a witness's silence into admission of fact
• Induce the witness to voice your pre-selected words
• Prepare for devastating impeachment
• Close off any escape routes for the witness
• Punish the evasive or "I don't know" witness
• Control the crying witness
• Use timing, posture, inflection, diction, wording, eye contact, and other effects to emphasize a witness's concession
Effective cross-examination is a science with established guidelines, identifiable techniques, and definable methods. Attorneys can learn how to control the outcome with careful preparation, calculated strategy, effective skills, and a disciplined demeanor. Pozner and Dodd's treatise remains the definitive guide to preparing killer cross-examinations, only from LexisNexis.
The eBook version of this title features links to Lexis Advance for further legal research options.
Cross-Examination Science & Techniques, Second Edition
Chapter 1 Philosophy and Overview of the Science of Cross-Examination
Chapter 2 Developing a Theory of the Case
Chapter 3 The Strategy, Preparation, and Organization of Cross-Examination
Chapter 4 Cross-Examination Focused Investigation
Chapter 5 Cross-Examination Preparation System 1: Topic Charts
Chapter 6 Cross-Examination Preparation System 2: Sequence of Events Charts
Chapter 7 Cross-Examination Preparation System 3: Witness Statement Charts
Chapter 8 The Only Three Rules of Cross-Examination
Chapter 9 The Chapter Method of Cross-Examination
Chapter 10 Page Preparation of Cross-Examination
Chapter 11 Sequences of Cross-Examination
Chapter 12 Employing Primacy and Recency
Chapter 13 The Relationship of Opening Statement to Cross-Examination
Chapter 14 Redirect and Recross Examination
Chapter 15 Destroying Safe Havens
Chapter 16 Eight Steps of Impeachment by Inconsistent Statement
Chapter 17 Impeachment by Omission
Chapter 18 Advanced Impeachment Techniques
Chapter 19 Controlling the Runaway Witness
Chapter 20 Dealing With the "I Don't Know" or "I Don't Remember" Witness
Chapter 21 Creation and Uses of Silence
Chapter 22 Voice, Movement, Body Language, and Timing
Chapter 23 Diminishing or Building the Point
Chapter 24 Juxtaposition
Chapter 25 Trilogies
Chapter 26 Loops, Double Loops, and Spontaneous Loops
Chapter 27 Cross-Examination Without Discovery
Chapter 28 The Crying Witness
Chapter 29 Coping with Objections
Chapter 30 Recognizing and Controlling Bait
Chapter 31 Pre-trial Application--Use at Depositions and Pre-trial Hearings
Chapter 32 How to Master the Techniques Without Trial Experience
Chapter 33 Analysis of Trial Techniques in Cross-Examination
Roger J. Dodd is an internationally-known trial attorney, author, lecturer, consultant and recognized expert on cross-examination techniques. His focus is on serious or catastrophic personal injury, wrongful death, trucking cases, aviation accidents, and medical malpractice.
Mr. Dodd is Board Certified by the National Board of Trial Advocacy in both civil and criminal practice, and has been a member of the Florida Bar for 29 years, and The State Bar of Georgia for 30 years.
Listed among the nation's most elite lawyers in The Best Lawyers in America since 1991, he is co-author of the best selling title ever published by LexisNexis: Cross-Examination: Science and Techniques. Since its inception in 2004, Mr. Dodd has been named a Georgia "Super Lawyer" -- the prestigious professional recognition based on peer nominations. He is a member of The American Board of Trial Advocates, attaining the distinction of Advocate in that organization.
Mr. Dodd is a frequent guest and commentator on Court TV, Good Morning America and numerous local Fox, CBS, NBC and ABC affiliate stations. Since 1990, he has published numerous articles in Trial, the American Trial Lawyers Association's monthly magazine. Mr. Dodd has lectured or testified as an expert witness in all fifty states, as well as internationally. His lecture tour is limited to 30 appearances a year, to standing-room-only crowds, at state bar association meetings and at meetings held by expert witnesses and other legal organizations.
Mr. Dodd was born in a small steel mill town outside Pittsburgh. He graduated from Pennsylvania's Bucknell University in Economics and then completed law school at the University of Pittsburgh. After graduating with his law degree, Mr. Dodd joined a firm in Valdosta, Georgia, where he took a burglary case to trial in his first month in practice. This was to be the first of hundreds of court-room experiences in his over 30 years of practice. In addition to taking on and winning a wide variety of civil and criminal cases, Mr. Dodd has long been a strong proponent of pro-bono work and has served on boards of organizations that work on behalf of underprivileged children.
In addition to his practice in Valdosta, Georgia, Mr. Dodd is senior partner of Spohrer & Dodd of Jacksonville, Florida.
Larry Pozner's law practice emphasizes three primary areas: criminal defense work, complex commercial litigation and professional lecturing. He began his career as a Public Defender. In 1998 he was elected President of the 10,000 member National Association of Criminal Defense Lawyers.
Mr. Pozner's civil practice includes representation as plaintiff or defense counsel in a broad spectrum of matters including fraud, outrageous conduct, breach of contract, theft of trade secrets, environmental matters, copyright and trademark infringement actions and healthcare fraud cases. He was co-counsel in four successive trials against a midwestern brokerage management firm which resulted in verdicts and settlements totaling $31,000,000. Those trials consumed more than 27 weeks, the longest being a 12 week trial in Des Moines, Iowa.
Mr. Pozner was lead counsel in the defense of the Broncos Football Club which was sued in a multi-claim civil action seeking damages and interest totaling $150,000,000. He obtained a defense verdict. He was also co-counsel in the successful defense of the Denver Broncos in a case seeking rescission of the contract under which the Broncos were purchased by the current owner, Pat Bowlen.
Mr. Pozner is a nationally recognized legal commentator. He was retained as the NBC News Legal Analyst for the Oklahoma City bombing trials and the Jon Benet Ramsey case. He has frequently provided legal analysis for the NBC Nightly News, The Today Show, Rivera Live, Fox News, CNN, NPR and Court TV. Mr. Pozner is listed in The Best Lawyers in America, and in Martindale Hubbell's Bar Register of Preeminent Lawyers. He served many years on the adjunct faculty of the University of Denver College of Law, where he was voted Best Professor. He is now a partner in the 15-lawyer litigation firm of Reilly Pozner & Connelly.