Episode Details

It’s often said that a case is won — or lost — during direct examination. Former prosecutor Steve Wood explores why direct really comes down to effective storytelling, ways to organize your direct examination, and how to ask questions that not only elicit good answers but also help the trier of fact follow the narrative. He also touches on how to cut through the inevitable fog of boredom by introducing purposeful change into the courtroom environment. 

Topics
2:44 Goals of direct examination
3:37 Why storytelling matters in direct
5:16 Storytelling elements
14:01 Breaking through the fog of boredom
23:11 Sequencing your questions
26:05 Using your voice
28:45 Organizing your direct
31:57 Accrediting the witness
36:18 Telling the story
41:17 Honesty and bad facts
44:24 Questioning the witness
47:02 Phrasing your questions
59:39 Word choice
1:02:00 Witness focus
1:05:51 Plain English
1:09:46 Tenacity
1:12:37 Runaway witnesses
1:16:36 Signoff question

Quote
“One of the things that happens in every trial is that there is a contest for credibility between the advocates. I don’t — and can’t — lose that contest. And if a jury hears something bad from the other side first, they might be thinking I was trying to hide something from them.” Steve Wood

Resources
Steve Wood (LinkedIn)
Building Trial Skills: New Jersey (program)
Top 10 Tips that Make a Difference (podcast episode)
“Don’t Be Boring”: Creating Your Commanding Courtroom Presence (podcast episode)
Cross-Examination: Do No Harm (free webcast)