During deposition you never want to aid the other side and will often prefer conciseness; however, during cross-examination before a jury, less isn’t going to be more … it is simply less. By limiting it to simple yes answers, ultimately there ends up being less control, power and usefulness to the jury. This white paper reviews what to do when opposing counsel continuously provides statements that get turned into confirming questions, and how to change the language before your client replies.
Dr. Ken Broda-Bahm is a senior litigation consultant with Persuasion Strategies and has provided research and strategic advice on several hundred cases across the country for the past 16 years, applying a doctorate in communication emphasizing the areas of legal persuasion and rhetoric. As a tenured Associate Professor of Communication Studies, Dr. Broda-Bahm has taught courses including legal communication, argumentation, persuasion, and research methods. He has trained and consulted in 19 countries around the world and is Past President of the American Society of Trial Consultants.
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