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Category: Cross

HOW TO DEPOSE A WITNESS WHOSE TESTIMONY CONFLICTS WITH YOUR CLIENT

HOW TO DEPOSE A WITNESS WHOSE TESTIMONY CONFLICTS WITH YOUR CLIENT

Recently I was asked by a lawyer what I recommended for a deposition the lawyer was taking involving witness who was going to testify to facts in direct conflict with his client’s testimony. A classic two versions of the same fact in conflict. I advised him that these are difficult examinations and had this advice. To illustrate my advice, I’m making up an example of a case with a conflict issue similar to the lawyer involved. Imagine a case involving…

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THE CHALLENGE OF CROSS EXAMINATION.

THE CHALLENGE OF CROSS EXAMINATION.

Young lawyers tell me the two most difficult areas for them in trial  are jury selection and cross examination. It’s really a matter of experience, however. As for me, those are the two most enjoyable and rewarding things I do during a trial. There is a huge amount written and taught about cross examination. Here a couple of subjects about cross  examination for  you to consider written with basic fundamentals in mind. THE FIVE STEPS OF PREPARATION FOR CROSS EXAMINATION  Great cross examination…

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GERRY SPENCE WITNESS EXAMINATION EXCERPTS

GERRY SPENCE WITNESS EXAMINATION EXCERPTS

 In 1985, a man was shot dead on a rural road in Lincoln County, Ore. A teenage boy and his mother were indicted for the crime. Gerry Spence took on both cases for the defense pro bono and faced off against a young prosecutor named Joshua Marquis in the juvenile’s trial; the attorneys did not take a shine to each other. So contentious was the trial that they both ended up before the Oregon State Bar. A special report in…

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