Winning at Cross-Examination: A Modern Approach for Depositions and Trials

Although I retired from lawyering some years ago, I still enjoy reading trial practice books by D. Shane Read. To date, he has published five books. His latest released in October 2021, is Winning at Persuasion for Lawyers which I am reading with pleasure. He is the only author to receive twice the Highest Award for Professional Excellence from the ACLEA.I read Mr. Read’s book titled Winning at Cross-Examination some months ago, and decided to write this review.In reading his books, it is very apparent that his enthusiasm in sharing his ideas jumps out at the reader. It is also clear that Read spends a lot of time thinking about how to package his information so that it is easy to remember and to retrieve. His use of a couple of acronyms, such as CROSS and ABC, is part of that effort.To begin with, he dispelled the myths on cross-examination laid down by famous and charismatic law lecturer Irving Younger. Younger called his rules on cross examination The Ten Commandments. Those lectures influenced quite a few generations of lawyers, including myself. I began lawyering at the time Younger laid down his commandments in the late 1970’s. Many of those commandments were misleading and handcuffed me unnecessarily and perhaps many others. I learned from trial and error to overcome Younger’s edicts.Read provided several alternatives to Younger’s approach. First, he suggested that for every question you pose, have a statement or tangible evidence at the ready. If the witness should testify falsely, you have something with which to contradict her. After a few false statements, she would recognize that she had better be truthful or would continue to face the loss of credibility.Younger had said that you should never ask a question to which you do not know the answer. That piece of advise is simply unworkable. Read provides a couple of alternatives, encouraging the use of common sense. You can use a logical step-by-step ladder approach leading to the ultimate question. Or alternatively, you start with the ultimate question and then delve into the details.Read also provides techniques to counter the evasive, “I don’t remember”, and the quibbling witness. Repeating your question time and again is one such technique. In time, the witness must either testify truthfully or face the consequence of continued erosion of credibility.Another chapter focuses on the cross-examination of the expert witness. Read explains how to corral the expert in identifying areas in which she is opining and areas in which she has no expertise. That forces the witness to walk the straight and narrow. Further, many lawyers feel insecure conducting voir dire of the expert. Read provides a road-map to bring the expert down a few notches.In the second half of his book, Read uses trial transcripts of famous trial lawyers to illustrate the concepts he laid down in the first half of his book. For instance, he illustrated how visual aids can be used throughout questioning to keep the jury interested.He also introduces a deposition technique for effective use at trial. That is the three-camera deposition. One camera focuses on the witness, the other the lawyer questioning, the third on the exhibit. That permits the jury to get an in-the-room feel of the goings-on in the deposition.Lastly, at the end of each chapter, Read creates a checklist for the reader. That is an invaluable tool for the busy trial lawyer who can resort to those summaries without re-reading the book.

Most cross-examinations are an unwitting showcase of missed opportunities. Tragically, the lawyers usually don't even realize what they missed, or how much better they could have done with just a little more work and focus.Read, a practicing trial lawyer as well as prolific author, adds this much-needed book to his collection of excellent advocacy titles. He dispels many myths and lays out simple principles any lawyer can follow to improve their trial performance.Read understands that cross is the lawyer's chance to tell your own client's story. It is an opportunity to have opposing witnesses agree with you under oath- or look foolish by trying not to.Chapters 2 through 4 teach you the core of Read's techniques. But the book is more ambitious than just a how-to manual. After teaching you how to do it, the last 2/3 of the book shows its principles in action in famous trials by great trial lawyers. Read interviewed many of them for this book. And he doesn't just add dry transcripts- Read sets up each situation, narrates it, and explains it afterward, so you can understand what the trial lawyer did, why they did it, and why it worked (or failed).I was impressed by the many examples from Mark Lanier's trials. Read shows you how Lanier gets ready, reviewing documents and putting together a folder and outline for every witness. As he says, Lanier is the "best prepared person in the courtroom." Being organized, in the right way, is the game changer, as Lanier says. Even as the reader watches Lanier examine scholarly experts, you realize that Lanier is just employing simple techniques that you can use in any case. It all comes down to hard work and preparation. But knowing how to prepare is the key. Which is where this book comes in.There are other great real-life examples- David Boies's work in the Perry case that overturned California's Proposition 8, is a great example of how to attack an expert. Boies applies techniques explained by Read, to devastating effect. I was also impressed by the criminal defense lawyers in the George Zimmerman case. Read explains how they took a witness the prosecution should never have called, and used their cross-examination to obtain testimony devastating to the prosecution.If you try cases, you should know how to cross-examine. Whatever your experience level, and whatever amount of time you have devoted so far to learning how to cross-examine, I highly recommend this book.

Wow -- What a great book and a great read! Shane Read offers useful and insightful tips for anyone looking to improve their cross-examination skills. His writing leaps off the page, filled with interesting and humorous stories and examples of both what to do on cross and what not to do. It seems like an exaggeration to say this about a how-to book on legal process, but it is a page-turner. He writes well, engaging his reader in the foibles and successes of many different lawyers in trials throughout the centuries.Not only does Mr. Read tell a good story, but he does so in an accessible and engaging manner. He lays out the tactics that work best at cross-examination, and dissects why other options do not work as well. He shows the reader how to win with step-by-step instructions that are easy to follow. This book eliminates the mystery and the mystique of the great trial lawyer by laying bare the secrets of the best in their field. His use of quotes, poetry, and humor make it a quick and fun read. His chapter checklists and highlighted practice tips make it an invaluable one for any lawyer trying to improve her cross-examination skills. Don't hesitate to purchase this incredibly useful guide to becoming the best lawyer on cross that you can be!

It's an interesting book and the book you should read.