MacCarthy on Cross-Examination

by Terence MacCarthy

Learn how to look good on cross, even when the witness is not cooperating. Terence MacCarthy is synonymous with effective cross-examination. For 40 years he has been the head of the Federal Defender's Office in Chicago, and is among the top CLE instructors in the nation owing to his lectures on cross-examination technique. And now, Terence MacCarthy has literally written the book on cross-examination. The primary reason lawyers are more adept in opening and closing statement is that they are able to use the most persuasive technique known--they are allowed to tell a story. This new book shows you how to tell a story in cross- examination, too, even when you are faced with a hostile witness. Learn how to manage and effectively minimize the witness's involvement, without appearing controlling, extracting and insulting. Discover how to use effective short statements and make the witness affirm everything you say. Filled with illustrative cross-examinations from actual cases, MacCarthy on Cross-Examination is your key to employing these proven techniques in your own practice. Using the three themes that run throughout the book--looking good, telling a story, and using short statements--you can take control of your cross-examinations and achieve the results you desire.

Genres: Law, Professional Development

236 pages, Paperback

First published November 30, 2007

Reviews

[Joanna · Rating 3 out of 5]

This is a practical trial practice guide for attorneys. Unless you are trying jury trials, there is no reason to read this book. If you are a trial lawyer, this is a basic level refresher about the way to control a witness during cross examination and how to tell a story through cross.

This book may have seemed revolutionary or contrary to the norm when it was published in 2007, but it's right in line with what I learned in trial practice classes at NYU in 2002-2005 and with the way I was taught after that at a BigLaw and an attorney general's office. That said, it's solid advice, well-presented, and always good to be reminded what one should be doing.

The end of the book is an appendix of trial transcripts of cross examinations. I wish the author had annotated these with additional commentary about whether there were ways that the attorneys in those examples could have altered their questions to elicit better testimony and/or to point out places where the system being taught worked or didn't work. Of course I can parse this myself, but it would be more useful if these were incorporated more directly into the text.

Overall, a good refresher for experienced lawyers and a decent guide for new lawyers.

[Yunita Yunita · Rating 3 out of 5]

good introductory book for learning cross-examination

[Amber Clark · Rating 5 out of 5]

Extremely useful in clear, concise terms.

[Oli · Rating 4 out of 5]

Time to put it to practice…

[Bree Lowry · Rating 5 out of 5]

I definitely appreciated the author's comments about Deryl Dantzler, my trial practice professor. This is the method of cross-examination that she taught and that I feel most comfortable with. I will say, however, that this method is not understood in some trial courts. I used this technique in my first cross-examination as a new lawyer, and I confused everyone. They didn't realize that I was asking a question. Yes, a declarative sentence and even an imperative sentence can function as an interrogatory (as anyone with an English grammar background knows). So, I should have remembered to tag a "right?" or "correct?" on the end of my first few questions (as Dantzler often suggested) to make it clear to everyone what I was doing. I think the author should add that tip before sending readers out to try this technique in an everyday courtroom encounter.

[Sandy · Rating 2 out of 5]

This is not worth the expense. Check it out at the library.

Perhaps the book and method were once revolutionary. I have my doubts. The idea that a strong cross examination tells a story through short affirmative statements just doesn’t seem revolutionary to me. I would be less annoyed if the book were not so outrageously expensive. I do not recommend this book. There are plenty of affordable books that discuss cross examination equally well or better, cost nowhere near this much, and dispense with puppy piddling references.

[Phil · Rating 5 out of 5]

Simple. Sensible. And much more practical than anything else I've read on cross examination.