Direct Examination: Mistakes to Avoid


Going to trial is a whole new level of experience for freshly minted lawyers. It’s not something lawyers learn just by reading textbooks or watching films showing lawyers conducting direct and cross-examination. There is no other way to learn this but by doing—and making mistakes.
If you think that you do not have the talent for litigation, you should know that some of the best trial lawyers took time to develop the skills required in litigation. In this short article, David Serna, attorney and well-known lecturer, shares the most common mistakes young lawyers make during direct examination.

1.       Relying too much on cross-examination and taking the direct examination for granted

Many young lawyers depend on ways to weaken the defenses raised during the cross-examination. They forget to establish a sturdy foundation during direct examination. A story that has a strong foundation is memorable to the court. What will matter by deliberations is the story that the jury remembers. So, if you were not able to catch the attention of the jury during direct examination, there is a big chance they do not remember the testimony of your witnesses.

2.       Relying too much on leading questions

Surely, leading questions are the easiest and fastest way to get the answers you need from your witness. The problem is, these types of questions bore the jury. Remember that the jurors are listeners. By sounding mechanical and predictable, you will lose the interest of the audience.

3.       Using poor transitions

David Serna, attorney at law, observed that lawyers have the tendency to move too fast, they forget to make the jury appreciate the facts of the story. Remember, you want the jury to follow and remember a clear and logical set of facts.

Although the most common formula that makes facts easier to remember is the day-time-place formula, you can’t use a fixed recipe all the time. Make sure that your transitions clarify and do not confuse your listeners.

For more advice on how to prepare for trial, read blogs by David Serna, attorney at law and established mentor.

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