Matlock the witness3/16/2023 And that point is to forget you ever knew Matlock, Perry Mason, or Jack McCoy - fictional characters who all clean somebody’s clock on cross in the last ten minutes of a tv show. For instance, there is an entire chapter dedicated to “The Crying Witness.” (Preview: there is much in there about using silence as a control technique.) But more to the big point from today’s dive into P&D. Posner and Dodd have worked out a method for just about everything a lawyer might encounter on cross examination. But both books work well for regular study, particularly as life events dictate that you dive into particular things. I have tried to read both from cover to cover, and it has never quite worked out. The Pozner and Dodd book on cross-examination is like the Bible. I’m sure that many of my clients would be in prison somewhere but for the lessons from Terry that I have retained.Īnd now I combine my McCarthy stuff with what I learn from Posner and Dodd on cross-examination. I take the lessons from that cassette with me to this day. It was the courtroom equivalent of my son having LeBron James as a referee in a little league basketball game. And I got to do some Terry McCarthy stuff in front of Terry McCarthy. When we advanced to the final round, who was on the bench in Chicago but the man himself, Terry McCarthy. In a booming Irish/mid-western accent and in between references to getting drunk and a set of the most politically-incorrect jokes you can imagine was a blueprint for great cross-examination that I have taken with me to this day. I thought the guy on the tape was about the coolest dude I’d ever heard. During our first practice of the year, our coach popped in a cassette (yes, a cassette.It was the year 2000) of Terry giving a talk in Las Vegas to a NACDL group. During my 2L year, I recall preparing for a national mock trial competition. I cut my teeth in law school on Terrance McCarthy’s cross-examination methods.
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