Ways to win on cross-examination

Here's is one of my guilty pleasures: the Dallas based TV show "Cheaters." It generally features unfaithful significant others or spouses being followed and exposed. I love it. So, a post on Elliot Wilcox's blog, "Winning Trial Advocacy Tips" about what the show can teach lawyers about cross-examination, caught my attention. The big idea: People, when caught, will lie. They will shift blame, saying, “Why did you have 'Cheaters' follow me?" instead of "Gee, I am sorry." His advice: On cross-examination, don’t let a witness lead you astray and go down a rabbit hole. Don't try to convince him you are right and he is wrong. Instead, plant doubt about his veracity. Here are two of my favorite questions to use on cross-examination in an employment case. I have asked plaintiffs, "Are you saying that the manager had no redeeming qualities whatsoever?" or "So, you are saying you bear no responsibility for the mistakes that led to your termination?" This one has been used on me: "Mr. HR Manager, what grade would you give yourself on the investigation you conducted?" Both questions are extreme questions. They force the witness to either say he is perfect (no one is) or that he could have done some differently (i.e. better). Either way, the cross-examiner wins. They are ways for witnesses to cha-cha around the questions but not if they are unprepared.