Table of Contents
Cross-Examination: Science and Techniques, Second Edition View a sample of this title using the ReadNow feature
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 Dodd is a partner in the Jacksonville, Florida law firm Spohrer & Dodd P.A., the Valdosta, Georgia law firm Dodd & Burnham, PC, and the Park City Utah law firm Dodd & Keundig. The majority of Roger's practice focuses on serious or catastrophic personal injuries, trucking cases, medical malpractice, aviation accidents, and wrongful death. A Board Certified Criminal Trial Specialist for 20 years and a Board Certified Civil Trial Specialist for more than 20 years, trial attorney Roger has represented clients in legal matters since 1976. Roger has been a lecturer, expert witness, and teacher in all 50 states, the District of Columbia, Russia, St. Thomas, Puerto Rico, Canada, Mexico, and various Caribbean locations.
Roger is a frequent guest and commentator on television programs, including Court TV, Good Morning America, Geraldo at Large, and is co-author of Cross-Examination: Science and Techniques. He is one of a select group of attorneys to receive the distinguished Super Lawyer rating in multiple states. Noteworthy Awards and Recognitions include Best Lawyers in America (1991-present), AV®Martindale- Hubbell® Peer Review RatedSM, Bar Register of Preeminent Lawyers™, Georgia Super Lawyers (2004-present), Florida Super Lawyers (2009-present), Who's Who in America, Who's Who in American Law, and Who's Who in the World. In 1976, Roger received his J.D. from the University of Pittsburgh School of Law. He earned his B.A. from Bucknell University in 1973. In 2014, Roger earned an L.L.M. in Advocacy from Stetson Law School. Roger was admitted to practice law in Georgia in 1976, Florida in 1977, and in Utah in 2011. He is also admitted to all applicable state and U.S. Courts, the Armed Forces Court of Appeals, and the U.S. Supreme Court. He is an advocate in the American Board of Trial Advocacy (ABOTA). His present and past faculty positions include positions with the National Criminal Defense College (1986-present), Georgia Institute of Trial Advocacy (1986-1991), and Advanced Cross Examination - National Criminal Defense College.
With 40 years' experience in courtrooms and before juries, Larry Pozner is a founding partner of the firm Pozner and Reilly, Denver Colorado. Larry focuses his practice on complex civil and criminal litigation—as well as the lecture circuit. He is litigation counsel for the Denver Broncos Football Club. In the area of complex commercial litigation, Larry represents both plaintiffs and defendants in cases involving fraud (including healthcare fraud), professional malpractice, breach of contract, litigation against trustees, environmental matters, theft of trade secrets, and copyright and trademark infringement. In the criminal arena, Larry began his career as a public defender—and continues his high profile criminal defense work as a private practitioner.
In 1998, he was elected president of the 10,000 member National Association of Criminal Defense Lawyers. Larry supplements his civil and criminal practice with publishing, television and radio legal commentary, and lecturing on trial practice. He is well-known among fellow trial attorneys as the co-author of Cross-Examination: Science and Techniques—America's best-selling publication on the subject of cross-examination. He has presented his full-day CLE program on this subject to state bar associations, plaintiff and defense organizations and governmental agencies more than 250 times. When a trial attracts national attention, the national news media often seek Larry's perspective. He was a NBC News legal analyst for the Jon Benet Ramsey case and the Oklahoma City bombing trials. He has provided legal analysis for such shows as the NBC Nightly News, The Today Show, Keith Olbermann, Fox News, CNN, NPR and Court TV. In recognition of his skills and accomplishments at trial, Larry is regularly listed in Colorado Super Lawyers® (Top 10, Top 50 and Top 100 lawyers in the state). He was named the 2015 Denver Criminal Defense: White-Collar "Lawyer of the Year" and the 2013 Denver Criminal Defense: Non-White Collar "Lawyer of the Year" by The Best Lawyers in America® and has been listed in that publication for 28 consecutive years. For many years, he served on the adjunct faculty of the University of Denver Sturm College of Law where he was voted "Best Professor." Larry's colleagues in the legal profession value his courtroom skills and experience—and flock to attend his presentations. He has traveled to 48 states (as well as Canada and Puerto Rico) to deliver more than 400 lectures on subjects relating to trial skills, and has served on the faculty of several trial practice institutes. For the last seven years, he and partner Dan Reilly have been invited to address judges attending the annual Colorado Judicial Conference. Their annual presentation deals with some unusual aspect of trial evidence ranging from courtroom demonstrative aids to electronic evidence.