Around the water cooler — A book about cross-examination

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The new book, “Your Witness: Lessons on Cross-Examination and Life from Great Chicago Trial Lawyers,” which was edited by Steven F. Molo and James R. Figliulo and published by the Law Bulletin Publishing Company, addresses how 50 prominent trial lawyers view cross-examination.

Two of the lawyers who contributed to the book are Jenner & Block Partners Chris Gair and Robert L. Byman.

Byman’s section, entitled, “Crossing with Technology,” described how technology sometimes improves cross-examination. He said in the book: “Our cross-examination, when assisted with a little technology, can become works of art.”

The best advice he has for those lawyers looking to improve their cross-examination, he said, is to ”get up on your feet as often as you can. It’s a talent that you can grow by doing more and more, but you have to start with some talent and do it … Read this book, go to courtrooms and watch people do it, and don’t try to imitate. Take snippets of the best you see and incorporate it into your own style.”

Gair’s section, is entitled, “Life Is Short - Take a Chance.” Gair said he wanted to challenge the conventional wisdom that exists about cross-examination.

The rules are just guideposts, he said. A lawyer sometimes asks a question he or she doesn’t know the answer to — based on his or her feel for how the witness is going, and because of a need to get the confession he or she wants.

Understanding a witness’s psychology can challenge lawyers because they may need to make a witness to look bad. This means understanding how the witness will approach the questions, he said.

“Another challenge is the cost-benefit analysis that you have to do,” he said. “Is it worth asking a particular question knowing you could get an answer that doesn’t help you …”