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Holland & Knight Legal Podcast

Cross-Examination: Don't Argue - Elicit Facts

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small explains why eliciting facts, not engaging in arguments, is the most effective strategy when cross-examining a witness. He advises against provoking arguments and instead advocates for asking clear, concise questions that aim to extract factual information. Mr. Small also emphasizes the importance of maintaining control during questioning and the impact of skillfully guiding witnesses to provide factual responses on a case's overall strength.
Broadcast on:
25 Jun 2024

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small explains why eliciting facts, not engaging in arguments, is the most effective strategy when cross-examining a witness. He advises against provoking arguments and instead advocates for asking clear, concise questions that aim to extract factual information. Mr. Small also emphasizes the importance of maintaining control during questioning and the impact of skillfully guiding witnesses to provide factual responses on a case's overall strength.