Angles Of Attack
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Whenever you get the chance to sit and listen to the questions barristers are posing to witnesses, I would suggest that you take the time to make notes of the different ways, they seek to discredit and undermine a witnesses evidence.
Pay particular attention to the angles they are coming from when they address their questions to witnesses.
An example of an angle a barrister began cross-examining me on, occurred whilst I had been talking positively about a parent's care of their child. He began asking me in a pleasant manner, simple questions about my involvement in the case, and then after several questions, the angle of attack on my evidence occurred as follows: "Would it be true," he asked, "that you were under considerable pressure to complete your report on time?"
Now the simple answer to that question was yes, because I had barely had three weeks to commence and complete the assessment. So there was no point in trying to argue otherwise. However, anticipating his angle of attack I replied as follows:
"Yes, but the truth is I never have much time to complete my work."
The significance of my response was to argue that it is almost always the case that I was short of time, and consequently, it could not then be argued, that my work and conclusions were less sound or thought through than normal.
When answering questions it's not in your interests, to respond with an attitude that suggests you expect every question to be an attack, on your evidence or character. If you do so, you are likely to present defensively, and this will not portray you in the most positive light.
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Not every question asked by those cross-examining you will be an attack on you, or the credibility of your evidence, so your responses should be balanced and proportionate.
In another case, a private law matter, I listened to a barrister representing a father, say to a witness, who was called on behalf of the mother, "Now, I put it to you, that you don't like the father much do you?"
The witness, who clearly was reasonably experienced in answering questions put to her, replied simply by saying: "I don't like his behaviour." She then went on to explain the reasons why she did not like his behaviour, and placed her response in context, so that the court could make sense of the response she had given.
Her response in addition, by stating that she did not like his behaviour, differentiated between not liking the way he was behaving, from him as a person.
By doing so the barrister was not able to paint a picture of her, as someone who had an irrational dislike of the father, and thus undermine her evidence.
It is of course, not always possible to be prepared for the angles barristers will pose questions to you from, but the more prepared you are for giving evidence, the better chance you have of being able to address yourself to the question and answer it satisfactorily.
Penultimate year Law Student at the University of Manchester || Law Development Enthusiast
1 年Absolutely, being prepared for a barrister's angles of attack during cross-examination is essential for any witness. Anticipating potential lines of questioning and preparing appropriate responses can significantly enhance the effectiveness of one's testimony and credibility on the stand. As a law student, understanding the adversarial nature of cross-examination and the techniques employed by barristers is crucial. It involves not only knowing the facts of the case but also being able to anticipate how those facts may be challenged or distorted by opposing counsel. By being proactive in preparation, including mock cross-examinations and thorough review of case materials, a witness can better withstand the pressures of cross-examination and maintain composure under scrutiny. Additionally, familiarity with courtroom procedures and legal principles can help in responding confidently and accurately to barristers' questions. I'd be keen to connect with legal professionals on LinkedIn to further explore strategies for effective witness preparation and share insights on navigating the intricacies of trial advocacy. Let's connect and exchange perspectives on this critical aspect of legal practice.