TLA provides insight on developing killer cross-examinations

By Tony Poland, LegalMatters Staff • The Toronto Lawyers Association (TLA) invites attorneys to “discover the secrets to winning cases through cross-examination” in a 90-minute webinar next month.

How to Succeed at Killer Cross-Examinations – Part 2, runs from noon to 1:30 p.m. on Sept. 30. The program will be moderated by employment and labour lawyer Todd Weisberg, a partner at Shields O’Donnell MacKillop LLP and a member of the TLA education committee.

Speakers include Junior Sirivir, partner with McCarthy Tétrault LPP, and Adam Weisberg, founder of Weisberg Law and a Certified Criminal Law Specialist. Topics of discussion will include:

• How to develop your own unique cross-examination style.
• Effective cross-examination strategies for handling various witness types, including child, expert, professional, sympathetic and untruthful witnesses.
• How to effectively use discovery or preliminary inquiry to set up success at trial.

Todd Weisberg notes that it is often said you cannot win a case on a cross-examination.

‘Can certainly make a difference’

“Or at least you shouldn’t bank on winning a case on cross. But for those lawyers who do it well and prepare for it well, it can certainly make a difference,” he tells LegalMattersCanada.ca. “In order to be truly great at cross-examination you have to be able to know how to approach a witness as well as understand how witnesses are going to react. This seminar will provide that insight.”

“Participants in the webinar can expect two experts in their field who are skilled at cross-examination,” adds Weisberg. “Those attending the seminar are going to get insights that I don’t believe they would typically get from a regular course. This is a chance to learn from two experienced cross-examiners who can share what works for them and what does not. Participants will be able to apply this information directly to their own practice.”

Part one of the program ran last fall with topics of discussion that included:

• How to develop and execute a killer cross-examination.
• Key goals of an effective cross-examination.
• Lessons learned the hard way.
• The inherent unpredictability and the importance of planning.
• How to stay in control.

Focus is on specific issues

“In the previous seminar we explored the larger themes related to cross-examination, such as how to build your cross-examination box so you can get an actual admission,” says Weisberg. “This time we are going to focus more on specific issues that arise during cross-examination.”

“We are going to talk about how to cross-examine the child witness, the expert witness, the professional witness, the sympathetic witness and, perhaps the most difficult one of all, the untruthful witness,” he adds. “To be a good cross-examiner it is imperative to understand that you are going to face different witnesses and if you treat them all the same, you are unlikely to get the desired result.”

Weisberg says part one is available in the TLA archives and will “provide a good groundwork for the second webinar.” To view the first session, click here.

He says while it takes time to develop a talent for cross-examination, hearing from others who have had success can speed up the learning process.

“Both of our speakers have dealt with the types of witnesses that we will discuss,” Weisberg explains. “They can provide insight into what to expect and how to properly approach each witness in cross-examination.”

Presenting case ‘in the right light’

“Their advice can assist lawyers with how to present their case in the right light,” he adds. “It is not just necessarily about beating up the witness. A large aspect of a killer cross-examination is presenting your case in the most favourable manner. Part of that is how you cross-examine these different witnesses.”

While junior lawyers “who haven’t had as much trial experience will benefit the most from the seminar, experienced lawyers looking to hone their skills will also benefit,” he says. “We will be providing perspective from people who know what they are doing and who have a great deal of experience getting admissions.”

Weisberg says How to Succeed at Killer Cross-Examinations – Part 2 is offered on Zoom and participants will have a chance to ask questions throughout the session.

The cost of the program is $79 plus HST for TLA members or $129 for non-members. Licensing candidates and new calls pay $40 while complimentary tickets are available for undergraduate law school students until Sept. 27.
This session contains 90 minutes of substantive content. To register, click here.

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TLA program helps lawyers ‘lean into their inner wisdom’