Revisiting Irving Younger's 10 Commandments of Cross-Examination

This 5 Hour, 50 Minute Program is broken into 4 segments.

Revisiting Irving Younger's 10 Commandments of Cross-Examination

Easton rises to the task of revisiting Younger’s classic Credibility & Cross-Examination—including The 10 Commandments of Cross-Examination.
Incorporating video clips from Younger’s masterpiece presentation, Easton takes a fresh look at the philosophy, psychology, and physiology of
credibility. He analyzes modern tools for preparing a witness to be credible and reflects on the skills that every lawyer must master to expose
an adversary’s lack of credibility.

For 30 years, Younger’s grace and style set an unparalleled standard for excellence in the effective practice of law in the United States.
Easton’s contemporary update of Younger’s magnificent work brings fresh relevance and perspective to one of the fundamental building
blocks in effective advocacy. Easton will help you reconcile the rules of evidence law and the modern considerations of the craft of advocacy.
This fast-paced, media-rich program will both entertain and provide invaluable, practical tips to benefit every practicing lawyer—regardless of age,
gender, experience, or practice area.

 Professors Younger and Easton focus on cutting-edge relevant information that will provide a meaningful and memorable boost to your practice.

Program Highlights
♦ Get training from two of America’s leaders in cross-examination.
♦ Reconcile the rules of evidence law with the modern considerations of the craft of advocacy.
♦ Be entertained and discover valuable, practical tips that will benefit your cross-examination skills.

Program Agenda & Detail

[Part I: 1 hour, 11 Minutes] 

​Preliminary Thoughts On Cross-Examination

• Terminology

• Three Types of Cross-Examination

• Required Elements for Successful Cross-Examination
   

Evidence Law Regarding Impeaching and Accrediting
The Law of Impeachment: What You Can of Ask About in Cross

• Competence Factors

• Special Modes of Discrediting

• Reputation for Veracity

• The Law of Accrediting: What You Can Do to Rebuild Credibility

[Part II: 1 Hour, 46 Minutes] 

​Irving Younger’s 10 Commandments of Cross-Examination (with a few suggestions)
I. Be Brief: Don't Just Tell Them — Show Them!
II. Ask Short Questions Using Plain Words: Get One Fact Per Question
III. Ask Leading Questions: Write Questions that Must Be Answered "Yes”
IV. Ask Only Questions to Which You Already Know the Answer:  Be Ready to “Prove Up”  Your Questions Immediately
V. Don’t Let the Witness Merely Repeat Direct Testimony: Set the Trap Before Springing It
VI. Don’t Let the Witness Explain: Secure Your Right to Control the Witness
VII. Listen to the Witness’s Answer: Record Important Testimony in the Witness’s Own Words
VIII. Don’t Quarrel with the Witness: Do Not "Improve" the Witness’s Prior Statements
IX. Avoid the “One Question Too Many”: Stay Well Clear of “the Door”
X. Save the Argument for Summation: Resist the Temptation to Wrap Your Cross into a Neat Package

​[Part III: 1 Hour, 31 Minutes - including 41 minutes of ethics] 

​Final Arguments Attacking Witness Credibility

• Fact Witnesses

• Experts

The Truth About Ethics and the Ethics About Truth

[Part IV: 1 Hour, 22 Minutes including 19 minutes of ethics] 

Attorney Credibility

• Understanding that Most Jurors Believe that Lawyers Cannot Be Trusted

• Overcoming this Belief

Adjourn