Handling Difficult Witnesses in Personal Injury Cases: Direct and Cross Examinations

This CLE course will discuss strategies for handling difficult witnesses during personal injury litigation. While difficult witnesses will typically belong to the adverse party, they can sometimes be your own. Because of this, it is critical that attorneys know how to handle difficult witnesses in order to present a successful case.

The career of a trial attorney will undoubtedly include examining uncooperative witnesses. Difficult witnesses can occur in many forms: lying witnesses, witnesses who cannot remember, witnesses who are hostile or refuse to be led, evasive witnesses, witnesses who refuse to answer the question posed--there is an infinite number of ways a witness can be difficult, with or without trying to do so.

Cross-examinations can often be complicated because attorneys are essentially trying to prove or disprove specific facts or elements through a witness who is factually, legally, or morally opposed to their client. Luckily, there are general strategies that will help gain ground against a wide variety of difficult witnesses.

Similarly, direct examinations of your witnesses who become frustrated or argumentative--or merely become flustered and forget essential facts--can be equally as tricky. A prepared attorney must gently steer their witness back to solid ground while keeping their witness' credibility intact before the jury.

Listen as our distinguished panel discusses how to master the art of examining a difficult witness. If done properly, it will be an invaluable skill that will immensely benefit any attorney during their career.