Wednesday, April 12, 2023


No matter what you might think of F. Lee Bailey, he was a renowned cross-examiner.  This F. Lee Bailey’s pointer on cross-examination to keep the cross-examination questions moving along at a quick clip so that the witness doesn’t have time to concoct answers, is an excellent tip. As he pointed out being wedded to notes can slow down the pace. 

Moving at a fast pace, but not running over a witness, is a tenet that applies particularly well to the cross of an expert witness who will fill the air if counsel permits it. Nothing is more painful to observe than a lawyer who turns away from the expert on the stand and returns to counsel table, allowing the expert to expound in the vacuum provided by the lawyer who turned a back to a professional witness.  

Watch the video of Bailey’s cross-examination of Mark Furhman in the O. J. Simpson case to see how he kept the examination moving at a rapid pace. 


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