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Leading The Witness......to Disaster! by Silverwrit: 8:54am On May 17, 2021
Some months ago, I was in court for a motion. Since I was early, I sat down and watched the hearing before mine.
As you've heard older lawyers say before, any time you get the chance, I recommend watching other lawyers in action. If they're better than you are, you'll discover new skills or techniques you can apply to your practice. If they're worse than you are, you'll be reminded about mistakes that you shouldn't repeat. No matter what happens, you're almost guaranteed to learn something.
This was one of the cases where I was being reminded about mistakes one shouldn't repeat.

Counsel was questioning her witness, and I quickly saw that things weren't going very well. Although she was an experienced criminal defence lawyer and probably very accomplished in the art of cross-examination, her skills in examination-in-chief were awful. She was desperately trying to get her witness to tell his story, but she couldn't formulate a non-leading question to save her life.
Here's a brief example of how things were going:

DEFENCE:
You were submitting to the authority of the police, weren't you?

PROSECUTOR:
Objection. Leading.

JUDGE:
Sustained.

DEFENCE:
The police surrounded you, right?

PROSECUTOR:
Objection. Leading.

JUDGE:
Sustained.

DEFENCE:
You didn't have any choice but to do what they said, did you?

PROSECUTOR:
Objection. Leading.

JUDGE:.....read on at https://posts.gle/6rGX7j

Source: https://g.page/silverwrit-attorneys?gm

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