Clive Freedman QC explains how teamwork underpins the foundations of a successful cross-examination
Lawyer, legislator and US Attorney General Benjamin Butler was regarded as one of the most skilled cross-examiners of his day. A particular case, turning on the capabilities of iron, led him to spend a week quite literally at the grindstone working in a railway repair workshop. When it comes to cross-examination, the metaphor of thinking outside the box assumes an altogether new meaning.
The popular portrayal of a witness crumbling and confessing tearfully all under the scrutiny of the barrister’s wit and masterful advocacy is, unfortunately, the stuff of fiction. Witnesses can be backed into a corner, but presentation in court is only part of the story. It is a common misconception that cross-examination is exclusively the barrister’s domain. It is important not to overlook the crucial ways in which solicitor and client can help prepare. Barrister, solicitor and client are members of a team bringing to it valuable and different perspectives.
Solicitors possess an unrivalled knowledge of the case.
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