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	<title>Comments on: A Great Moment in Trial Lawyering</title>
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	<link>http://bennettandbennett.com/blog/2007/09/great-moment-in-trial-lawyering.html</link>
	<description>the tao of criminal defense trial lawyering</description>
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		<title>By: Michael</title>
		<link>http://bennettandbennett.com/blog/2007/09/great-moment-in-trial-lawyering.html/comment-page-1#comment-3614</link>
		<dc:creator>Michael</dc:creator>
		<pubDate>Wed, 04 Jun 2008 06:07:38 +0000</pubDate>
		<guid isPermaLink="false">http://bennettandbennett.com/blog/?p=296#comment-3614</guid>
		<description>Keep your eye on this &quot;Racehorse&quot; guy; he&#039;s got the potential to be a very good, maybe great litigator someday.</description>
		<content:encoded><![CDATA[<p>Keep your eye on this &#8220;Racehorse&#8221; guy; he&#8217;s got the potential to be a very good, maybe great litigator someday.</p>
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		<title>By: Mark Bennett</title>
		<link>http://bennettandbennett.com/blog/2007/09/great-moment-in-trial-lawyering.html/comment-page-1#comment-432</link>
		<dc:creator>Mark Bennett</dc:creator>
		<pubDate>Sun, 16 Sep 2007 21:02:00 +0000</pubDate>
		<guid isPermaLink="false">http://bennettandbennett.com/blog/?p=296#comment-432</guid>
		<description>Simon,&lt;br/&gt;&lt;br/&gt;Thanks for the comment.&lt;br/&gt;&lt;br/&gt;A lawyer who followed the &quot;never ask a question that you don&#039;t know the answer to&quot; dogma would never have gone down this line of questioning. Richard&#039;s style -- making the point (that the witness is a liar) a thousand different ways -- lends itself particularly well to exploring the unknown answers.&lt;br/&gt;&lt;br/&gt;As to the second and third questions being statements. . . is there a rule that a cross-examination question has to end with a rising intonation? If so, I&#039;ve cross-examined lots of witnesses without asking a single question.</description>
		<content:encoded><![CDATA[<p>Simon,</p>
<p>Thanks for the comment.</p>
<p>A lawyer who followed the &#8220;never ask a question that you don&#8217;t know the answer to&#8221; dogma would never have gone down this line of questioning. Richard&#8217;s style &#8212; making the point (that the witness is a liar) a thousand different ways &#8212; lends itself particularly well to exploring the unknown answers.</p>
<p>As to the second and third questions being statements. . . is there a rule that a cross-examination question has to end with a rising intonation? If so, I&#8217;ve cross-examined lots of witnesses without asking a single question.</p>
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		<title>By: Simon Myerson</title>
		<link>http://bennettandbennett.com/blog/2007/09/great-moment-in-trial-lawyering.html/comment-page-1#comment-431</link>
		<dc:creator>Simon Myerson</dc:creator>
		<pubDate>Sun, 16 Sep 2007 20:44:00 +0000</pubDate>
		<guid isPermaLink="false">http://bennettandbennett.com/blog/?p=296#comment-431</guid>
		<description>It&#039;s a good cross-examination but I&#039;m not sure that your point about not knowing the answers to the questions is quite right.&lt;br/&gt;&lt;br/&gt;He may not have known the answers but they were all none risk questions. The second&#039;question&#039; was a statement. So was the third. Both were bound to be denied, but if they weren&#039;t no harm would be done. The fourth question was irrelevant in the sense that it didn&#039;t commit him to go further. The fifth was the start of an explanation that could only assist him. If the witness had said his Mother &lt;i&gt;did&lt;/i&gt; know about the crime then the attorney refused to allow a witness to give perjured evidence.&lt;br/&gt;&lt;br/&gt;I would say myself that the ability to pick out the no risk &#039;win either way&#039; line of cross-examination is the best thing about this extract. Following your instincts is fine - if they&#039;re good instincts!</description>
		<content:encoded><![CDATA[<p>It&#8217;s a good cross-examination but I&#8217;m not sure that your point about not knowing the answers to the questions is quite right.</p>
<p>He may not have known the answers but they were all none risk questions. The second&#8217;question&#8217; was a statement. So was the third. Both were bound to be denied, but if they weren&#8217;t no harm would be done. The fourth question was irrelevant in the sense that it didn&#8217;t commit him to go further. The fifth was the start of an explanation that could only assist him. If the witness had said his Mother <i>did</i> know about the crime then the attorney refused to allow a witness to give perjured evidence.</p>
<p>I would say myself that the ability to pick out the no risk &#8216;win either way&#8217; line of cross-examination is the best thing about this extract. Following your instincts is fine &#8211; if they&#8217;re good instincts!</p>
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		<title>By: GeorgeH</title>
		<link>http://bennettandbennett.com/blog/2007/09/great-moment-in-trial-lawyering.html/comment-page-1#comment-429</link>
		<dc:creator>GeorgeH</dc:creator>
		<pubDate>Sun, 16 Sep 2007 19:18:00 +0000</pubDate>
		<guid isPermaLink="false">http://bennettandbennett.com/blog/?p=296#comment-429</guid>
		<description>I was fortunate enough to watch Percy Foreman try a couple of cases in the early &#039;60s. Watching a master is a whole different animal than a standard criminal defense.</description>
		<content:encoded><![CDATA[<p>I was fortunate enough to watch Percy Foreman try a couple of cases in the early &#8217;60s. Watching a master is a whole different animal than a standard criminal defense.</p>
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		<title>By: Matlock</title>
		<link>http://bennettandbennett.com/blog/2007/09/great-moment-in-trial-lawyering.html/comment-page-1#comment-427</link>
		<dc:creator>Matlock</dc:creator>
		<pubDate>Thu, 13 Sep 2007 02:09:00 +0000</pubDate>
		<guid isPermaLink="false">http://bennettandbennett.com/blog/?p=296#comment-427</guid>
		<description>That&#039;s good stuff!</description>
		<content:encoded><![CDATA[<p>That&#8217;s good stuff!</p>
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