From Patrick Malone, co-creator of the groundbreaking Rules of the Road™ trial technique, comes another important book: The Fearless Cross-Examiner. The current approach to cross-examination is dated, and in this book, Malone systematically demolishes these tired and restrictive ideas in favor of a more adaptable and effective approach.
The Fearless Cross-Examiner gives a detailed look at what it takes to conduct case-winning cross-examinations. Malone offers advice on the place of cross in successful case-building, how you can discredit dishonest witnesses without alienating the jury, and on how to combat the various problems you will encounter during cross-examinations. He also provides perspectives on how personal reflection and self-improvement can help your performance during cross.
Framed by the antiquated commandments of cross-examination and informed by the Rules of the Road™ method, The Fearless Cross-Examiner is a masterful guide to winning despite difficult adverse witnesses. This new method refuses to shy away from the stressful reality of cross in high-tension courtroom environments. Instead, it confronts this reality head-on through real-world trial excerpts and examples from America’s leading trial lawyers, including David Boies, Rick Friedman, F. Lee Bailey, and more. This book will allow lawyers of any experience level to gain confidence; improve their cross-examination techniques; and perform at their best in depositions, arbitrations, and trials.
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- Publisher's Note
- Introduction
- Part I: You, the Cross-Examiner
- Laying the Mental Foundation
- Freeing Yourself from the Ten Commandments of Cross
- Choosing the Weapons Right for You
- Part II: Building the Case with Cross-Examination
- Cross-Examination with Case-Building Rules
- Witness Self-Interest and Case-Building Cross
- Using Treatises to Get to Yes
- Part III: Tearing Down the Witness
- Planning: The Essential Weapon for Speed
- Cross-Examination with Witness Tear-Down Rules
- Fixing Contradictions Cross
- Exposing the Ignorant Witness
- Shooting It Out with the Hired-Gun Witness
- Polarizing the Extreme Witness
- Fundamental Attribution
- Mining for Dirt
- Part IV: Problems and Solutions
- Evidence Rules Every Cross-Examiner Must Know
- Calling the Adverse Party
- Technique Problems and Their Cures
- Controlling the Runaway Witness
- Part V: Bringing It Home
- Pulling Together What We’ve Learned
- Appendices
- Appendix A: Truisms and Rules
- Appendix B: Writing Better Rules for Cross-Examination
- Acknowledgments
- Sources
- Index
- About the Author
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What Legal Leaders Are Saying
— Zoe Littlepage, 2015 winner of the American Bar Association’s Pursuit of Justice AwardHow often do you see a law book that is both revolutionary and laugh-out-loud funny? The Fearless Cross-Examiner is. Chock-full of innovative tips, real trial transcript examples, and fresh approaches to cross-examination, Malone’s book takes the panic out of cross-examination and puts you back in the driver’s seat. This one is a winner.
— Hon. Marcus Z. Shar, judge, Baltimore City (Md.) Circuit Court, and former trial lawyerI was skeptical before I opened this book. What could be added to a subject covered almost as much as the presidential campaigns? Then Malone grabbed my attention and never let go. Now, having read through it, I can only say this is brilliant, genuinely insightful, and thought provoking.
— Randi McGinn, president of the Inner Circle of Advocates, author of Changing Laws, Saving LivesIn this definitive Bible on the most effective truth-revealing tool in a lawyer’s arsenal, Pat Malone rewrites Irving Younger’s ten rules of cross-examination for the modern courtroom. The lesson? If you are still crossing witnesses the way you learned in law school, you are probably doing it wrong. Whether you have been a practicing lawyer for years or are brand new to the profession, this book is a must-read.
— Mark Lanier, Trial Lawyer of the Year 2015, AAJ Lifetime Achievement AwardAs usual, Patrick Malone challenges the traditions many trial lawyers have inherited and forces us to examine whether there is a better way. He brings tools that will heighten anyone’s game, from beginner to seasoned pro, and I heartily recommend this book.
— Stephen Wizner, William O. Douglas clinical professor emeritus and professorial lecturer at Yale Law School, dean of the faculty at the National Board of Trial Advocacy, and recipient of the Richard S. Jacobson Trial Advocacy Teaching Award and the Theodore I. Koskoff AwardThe Fearless Cross-Examiner is a really excellent book. Despite having taught the art of cross-examination for more than forty years, I learned a lot from Malone about how to become a more strategic, analytical, and effective cross-examiner.
— Roxanne Conlin, past president of the American Association for JusticePat Malone, a gifted trial lawyer, teacher, and author, adds to his list of excellent trial strategy books with one that is destined to become a classic. I will keep it close at hand during deposition and trial preparation, and our clients will benefit from his willingness to share what he has learned.
— Paul Luvera, member emeritus of the Inner Circle of Advocates, listed in Best Lawyers in AmericaThis down-to-earth book features practical tips and helpful examples of proven, effective cross-examination methods that even experienced lawyers will benefit from knowing.
— Bart Dalton, president elect of the American College of Trial LawyersMalone once again takes ‘conventional wisdom,’ shows how unwise it is, and makes us all better trial lawyers with his new approach. He makes the journey useful, readable, and even fun.
— Jordan Merson, listed in the New York Law Journal Hall of Fame for medical malpractice, obtained the largest verdict in Westchester County in 2014, listed as a Super Lawyers “Rising Star” for 2015[It’s] the bible to twenty-first-century cross-examination. Any attorney, or any person for that matter, who is asking questions and searching for information must read this book. This is what they should be teaching in law school.
— Mark Mandell, member of the Inner Circle of Advocates, author of Case FramingThis is the finest book on cross-examination I have ever read.