After you conduct the direct exam of your witness, carefully note not only the points made during the cross that must be addressed on re-direct, but also the points not scored by your opponent.

Filed Under: Business and Investment Litigation, Client Success, Finer Points

Those failed efforts may become useful in subsequent exams and in closing.  Sometimes when your opponents efforts fail, he must change theories leading to inconsistent positions.  Inconsistent positions, of course, undermine credibility.

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