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The art of cross-examination; with the cross-examinations of important witnesses in some celbrated c
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406 pages, Paperback
First published January 1, 1962
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November 8, 2020
“Never ask a question of a witness that you don’t already know the answer” is advice given to trial lawyers. Mickey Haller didn’t make that mistake; Perry Mason never made that mistake; Hamilton Burger often made that mistake. It was the difference between success and failure. Even in these times of “rampant technology” the trial format and conduct has changed little; so little, that this book, written a century ago, is still quite useful.
Wellman states:
"There is no short cut, no royal road to proficiency, in the art of advocacy. It is experience, and one might almost say experience alone, that brings success."
Though Dr. Jason Bull might disagree in part, (see https://www.imdb.com/title/tt5827228/ ) the “modern jury” is still powerfully influenced by presentation as well as “just the facts.”
It should be obvious that this is a book primarily for the legal practitioner, though it is certainly a very interesting read for those of us who like courtroom drama or books involving trials.
Wellman is an enthusiastic advocate for the “trial attorney;” what in English courts would be considered the “barrister.” Because, in the USA, there is no easy way to determine from membership in the legal “bar” who is a trial attorney, Wellman cautions about using someone whose experience is limited or “inexperienced.”
"One experienced in the trial of causes will not require, at the utmost, more than a quarter of the time taken by the most learned inexperienced lawyer in developing his facts. His case will be thoroughly prepared and understood before the trial begins. His points of law and issues of fact will be clearly defined and presented to the court and jury in the fewest possible words. He will in this way avoid many of the erroneous rulings on questions of law and evidence which are now upsetting so many verdicts on appeal. He will not only complete his trial in shorter time, but he will be likely to bring about an equitable verdict in the case which may not be appealed from at all, or, if appealed, will be sustained by a higher court, instead of being sent back for a retrial and the consequent consumption of the time of another judge and jury in doing the work all over again."
Contents include:
THE MANNER OF CROSS-EXAMINATION
THE MATTER OF CROSS-EXAMINATION
CROSS-EXAMINATION OF THE PERJURED WITNESS
CROSS-EXAMINATION OF EXPERTS
THE SEQUENCE OF CROSS-EXAMINATION
SILENT CROSS-EXAMINATION
CROSS-EXAMINATION TO CREDIT, AND ITS ABUSES
GOLDEN RULES FOR EXAMINATION OF WITNESSES
SOME FAMOUS CROSS-EXAMINERS AND THEIR METHODS
What makes a “classic?” By most measures: Is it still published? Is it still quoted? Is it still used by teachers? This book qualifies. At least in the USA, it is impressive that, with how much society, culture and technology have changed, the principles in this book endure.
Here are some of my favorites from Wellman’s warehouse of advice:
"If you perceive that the mind of the witness is imbued with prejudices against your client, hope but little from such a quarter—unless there be some facts which are essential to your client's protection, and which that witness alone can prove, either do not call him, or get rid of him as soon as possible. If the opposite counsel perceive the bias to which I have referred, he may employ it to your ruin. In judicial inquiries, of all possible evils, the worst and the least to be resisted is an enemy in the disguise of a friend. You cannot impeach him; you cannot cross-examine him; you cannot disarm him; you cannot indirectly, even, assail him; and if you exercise the only privilege that is left to you, and call other witnesses for the purposes of explanation, you must bear in mind that, instead of carrying the war into the enemy's country, the struggle is still between sections of your own forces, and in the very heart, perhaps, of your own camp. Avoid this, by all means."
"Never call a witness whom your adversary will be compelled to call. This will afford you the privilege of cross-examination,—take from your opponent the same privilege it thus gives to you,—and, in addition thereto, not only render everything unfavorable said by the witness doubly operative against the party calling him, but also deprive that party of the power of counteracting the effect of the testimony."
5* for those who need it
Wellman states:
"There is no short cut, no royal road to proficiency, in the art of advocacy. It is experience, and one might almost say experience alone, that brings success."
Though Dr. Jason Bull might disagree in part, (see https://www.imdb.com/title/tt5827228/ ) the “modern jury” is still powerfully influenced by presentation as well as “just the facts.”
It should be obvious that this is a book primarily for the legal practitioner, though it is certainly a very interesting read for those of us who like courtroom drama or books involving trials.
Wellman is an enthusiastic advocate for the “trial attorney;” what in English courts would be considered the “barrister.” Because, in the USA, there is no easy way to determine from membership in the legal “bar” who is a trial attorney, Wellman cautions about using someone whose experience is limited or “inexperienced.”
"One experienced in the trial of causes will not require, at the utmost, more than a quarter of the time taken by the most learned inexperienced lawyer in developing his facts. His case will be thoroughly prepared and understood before the trial begins. His points of law and issues of fact will be clearly defined and presented to the court and jury in the fewest possible words. He will in this way avoid many of the erroneous rulings on questions of law and evidence which are now upsetting so many verdicts on appeal. He will not only complete his trial in shorter time, but he will be likely to bring about an equitable verdict in the case which may not be appealed from at all, or, if appealed, will be sustained by a higher court, instead of being sent back for a retrial and the consequent consumption of the time of another judge and jury in doing the work all over again."
Contents include:
THE MANNER OF CROSS-EXAMINATION
THE MATTER OF CROSS-EXAMINATION
CROSS-EXAMINATION OF THE PERJURED WITNESS
CROSS-EXAMINATION OF EXPERTS
THE SEQUENCE OF CROSS-EXAMINATION
SILENT CROSS-EXAMINATION
CROSS-EXAMINATION TO CREDIT, AND ITS ABUSES
GOLDEN RULES FOR EXAMINATION OF WITNESSES
SOME FAMOUS CROSS-EXAMINERS AND THEIR METHODS
What makes a “classic?” By most measures: Is it still published? Is it still quoted? Is it still used by teachers? This book qualifies. At least in the USA, it is impressive that, with how much society, culture and technology have changed, the principles in this book endure.
Here are some of my favorites from Wellman’s warehouse of advice:
"If you perceive that the mind of the witness is imbued with prejudices against your client, hope but little from such a quarter—unless there be some facts which are essential to your client's protection, and which that witness alone can prove, either do not call him, or get rid of him as soon as possible. If the opposite counsel perceive the bias to which I have referred, he may employ it to your ruin. In judicial inquiries, of all possible evils, the worst and the least to be resisted is an enemy in the disguise of a friend. You cannot impeach him; you cannot cross-examine him; you cannot disarm him; you cannot indirectly, even, assail him; and if you exercise the only privilege that is left to you, and call other witnesses for the purposes of explanation, you must bear in mind that, instead of carrying the war into the enemy's country, the struggle is still between sections of your own forces, and in the very heart, perhaps, of your own camp. Avoid this, by all means."
"Never call a witness whom your adversary will be compelled to call. This will afford you the privilege of cross-examination,—take from your opponent the same privilege it thus gives to you,—and, in addition thereto, not only render everything unfavorable said by the witness doubly operative against the party calling him, but also deprive that party of the power of counteracting the effect of the testimony."
5* for those who need it
February 13, 2016
One of the most critical stages in litigation, civil or criminal, is the cross examination of witnesses, for a keen observer can comfortably predict the outcome of the case by witnessing the cross examination and its effects. Wellman, an excellent cross examiner and a man who understood the subtitles of human nature, gives invaluable case studies and analysis of famous cases in this book. For me, as a student of law, this was a thrilling experience and I was thoroughly fascinated by all the psychological aspects that were discussed by the author.
Moreover, this book is not only of interest to young lawyers but also to a wide range to readers who want to know more about rhetoric, human psyche and how our mind works in different situations. Full of priceless anecdotes and wisdom, this book is highly enjoyable and very informative.
Moreover, this book is not only of interest to young lawyers but also to a wide range to readers who want to know more about rhetoric, human psyche and how our mind works in different situations. Full of priceless anecdotes and wisdom, this book is highly enjoyable and very informative.
April 30, 2016
My Pupil Master recommended this book to me.
The book was written in 1903, and republished in 1936. The present copy of mine was bought by my library in 1984. It was borrowed for, as the card behind the book shows, thirty times. The last record is 30 August 1999 and henceforth, records are kept electronically, and I have no means of investigating the history further. For 112 years, Francis L. Wellman, himself an accomplished cross-examiner, provides numerous valuable advices to students and prospective counsels. For my copy, at least thirty people have been benefited by it. One of them, rather inconsiderately, highlighted the parts on the famous cross-examination methods of the eminent bars in history.
I have attended trial hearings for a number of times, and I can confidently say that cross-examinations are such drawn-out process and involve so much details that a lay person like me will not profit much by the mere attendances. Very often the so-called 'climax' is the culmination of careful cross-examination, or sometimes the fruit of a well-prepared trap, and few people will have the patience to wait for it, or will miss it altogether.
What Wellman has done is two-folded. He selected the juicy parts of the cross-examination (the 'climax'). Through them, he explained how cross-examiners uncovered inconsistencies, discredited the witnesses, and won the verdict. The second part of the book provides cases on the cross-examination of all kind of witnesses - young lady, intelligent doctor, business director, perjured witness, and news reporters. The tactics and purposes behind those questions will all be lost but for Wellman expert commentary on them.
The Pupil Master recommended this book to me, and I will recommend this book to prospective counsels and general readers alike.
The book was written in 1903, and republished in 1936. The present copy of mine was bought by my library in 1984. It was borrowed for, as the card behind the book shows, thirty times. The last record is 30 August 1999 and henceforth, records are kept electronically, and I have no means of investigating the history further. For 112 years, Francis L. Wellman, himself an accomplished cross-examiner, provides numerous valuable advices to students and prospective counsels. For my copy, at least thirty people have been benefited by it. One of them, rather inconsiderately, highlighted the parts on the famous cross-examination methods of the eminent bars in history.
I have attended trial hearings for a number of times, and I can confidently say that cross-examinations are such drawn-out process and involve so much details that a lay person like me will not profit much by the mere attendances. Very often the so-called 'climax' is the culmination of careful cross-examination, or sometimes the fruit of a well-prepared trap, and few people will have the patience to wait for it, or will miss it altogether.
What Wellman has done is two-folded. He selected the juicy parts of the cross-examination (the 'climax'). Through them, he explained how cross-examiners uncovered inconsistencies, discredited the witnesses, and won the verdict. The second part of the book provides cases on the cross-examination of all kind of witnesses - young lady, intelligent doctor, business director, perjured witness, and news reporters. The tactics and purposes behind those questions will all be lost but for Wellman expert commentary on them.
The Pupil Master recommended this book to me, and I will recommend this book to prospective counsels and general readers alike.
September 4, 2018
A great book and very worthwhile, but no way is this easy. This book was originally written in 1902 and has subsequently been updated and been augmented with commentary and additional sections. I would highly recommend it for a number of reasons and none of them are in anyway to do with the law.
Its wonderful because it shows you how to deal with difficult engagement of conversation and debate, where sides can be extremely hostile. Although taken from the 1860s to the 1930s world of legal cross examination this book gives you the tools step by step to dealing with people in the digital world, particularly on Social media. For cross examination and social media the rules appear to be the same:
1) Always be polite - Never denigrate the person you engage
2) Listen and understand
3) Never ask a question unless you can be sure of the response
4) Expert information is never to be taken as unassailable
5) People are often mistaken rather than lying
6) The audience / jury always decides for itself
7) It is possible to be too clever
8) People are not there to see how splendid you are
9) Tenacity wins the day
10) Not engaging is usually the best option
Its wonderful because it shows you how to deal with difficult engagement of conversation and debate, where sides can be extremely hostile. Although taken from the 1860s to the 1930s world of legal cross examination this book gives you the tools step by step to dealing with people in the digital world, particularly on Social media. For cross examination and social media the rules appear to be the same:
1) Always be polite - Never denigrate the person you engage
2) Listen and understand
3) Never ask a question unless you can be sure of the response
4) Expert information is never to be taken as unassailable
5) People are often mistaken rather than lying
6) The audience / jury always decides for itself
7) It is possible to be too clever
8) People are not there to see how splendid you are
9) Tenacity wins the day
10) Not engaging is usually the best option
April 12, 2022
This is what I am looking for a book. For those who seek to be a law figure someday, this book is recommended for starters.
October 13, 2025
Yet another book that I had told myself at some point in law school that I would read before graduating. That obviously did not happen, but after a conversation with my Senior Defense Counsel I moved this book up on my reading list--and again, I am glad that I did so.
The Art of Cross-Examination: With the Cross-Examinations of Important Witnesses in Some Celebrated Cases by Francis L. Wellman is another legal book that should be mandatory reading for all law students in law school in order for a law school to receive accreditation from the American Bar Association. This is a book written by arguably one of the greatest lawyers in American history, on a topic that is vital to litigation, which is, regardless of if you want to practice transactional law, what you think of when you envision a lawyer. You think of someone in a suit, in a courtroom delivering opening statements, closing arguments, and direct- and cross-examining witnesses. And quite frankly, although I adore, and miss the doctrinal, conceptual, theoretical, and philosophical nature of the modern American legal education system, it is imperative that the system return some to its roots of practical application. Which I commend it for doing to some extent as clinics, field placements, and other hands-on teaching/learning mechanisms are more heavily integrated into the curriculum. With that said, I do believe that the legal profession could benefit from adopting the medical education format of academic instruction, followed by a residency. I do not believe that law school needs to be as long as the medical process of 4 and 4 (most of the time), a 2 and 2 system I think could work. Two years of law school, and then 2 years of residency where law school graduates essentially work as apprentices under barred attorneys at law firms, in in-house counsel offices, non-profits, legal aid offices, etc. This would actually hearken back to the days of old when people became lawyers simply from apprenticing with attorneys. But I digress.
The Art of Cross-Examination is a great book, you can learn a lot about the practice from the book. Additionally, it is structured superbly. The book is broken into 2 parts. Part I are the Principles of Cross-Examination, its where you learn the general rules of successful cross-examination. Part II are Some Famous Examples of Cross-Examination, where actually well executed cross-examinations of witnesses utilizing various methods are reprinted for the reader to consume and internalize themself.
If you plan to attend law school--read this book. If you are a law student--read this book. If you are a lawyer--read this book. And for the love of all that is Good and Holy, if you are a practicing litigator, and you have not read this book--read this book.
The Art of Cross-Examination: With the Cross-Examinations of Important Witnesses in Some Celebrated Cases by Francis L. Wellman is another legal book that should be mandatory reading for all law students in law school in order for a law school to receive accreditation from the American Bar Association. This is a book written by arguably one of the greatest lawyers in American history, on a topic that is vital to litigation, which is, regardless of if you want to practice transactional law, what you think of when you envision a lawyer. You think of someone in a suit, in a courtroom delivering opening statements, closing arguments, and direct- and cross-examining witnesses. And quite frankly, although I adore, and miss the doctrinal, conceptual, theoretical, and philosophical nature of the modern American legal education system, it is imperative that the system return some to its roots of practical application. Which I commend it for doing to some extent as clinics, field placements, and other hands-on teaching/learning mechanisms are more heavily integrated into the curriculum. With that said, I do believe that the legal profession could benefit from adopting the medical education format of academic instruction, followed by a residency. I do not believe that law school needs to be as long as the medical process of 4 and 4 (most of the time), a 2 and 2 system I think could work. Two years of law school, and then 2 years of residency where law school graduates essentially work as apprentices under barred attorneys at law firms, in in-house counsel offices, non-profits, legal aid offices, etc. This would actually hearken back to the days of old when people became lawyers simply from apprenticing with attorneys. But I digress.
The Art of Cross-Examination is a great book, you can learn a lot about the practice from the book. Additionally, it is structured superbly. The book is broken into 2 parts. Part I are the Principles of Cross-Examination, its where you learn the general rules of successful cross-examination. Part II are Some Famous Examples of Cross-Examination, where actually well executed cross-examinations of witnesses utilizing various methods are reprinted for the reader to consume and internalize themself.
If you plan to attend law school--read this book. If you are a law student--read this book. If you are a lawyer--read this book. And for the love of all that is Good and Holy, if you are a practicing litigator, and you have not read this book--read this book.
April 4, 2023
The intro reeks of promise, but the examples could have been much juicier. For example, any given witness from the Simpson's trial is much better than the case with the medical capsules.
A few notorious interrogators are mentioned, but their glorious skills are misrepresented by a cursory narrative.
The only way to see why cross-examiners were so good at what they did is by reading the dull stenography from their past cases and vividly re-imagine the whole event in your head.
I wonder if Vincent Bugliosi recommended this book, but I doubt it because it would be incredibly ironic since he seems the more knowledgeable expert. If you want master-class tips on cross-examination, simply ease in with Outrage: The Five Reasons Why O.J. Simpson Got Away with Murder, and if you like that, move into heavy-hitters like Reclaiming History – The Assassination of John F Kennedy
A few notorious interrogators are mentioned, but their glorious skills are misrepresented by a cursory narrative.
The only way to see why cross-examiners were so good at what they did is by reading the dull stenography from their past cases and vividly re-imagine the whole event in your head.
I wonder if Vincent Bugliosi recommended this book, but I doubt it because it would be incredibly ironic since he seems the more knowledgeable expert. If you want master-class tips on cross-examination, simply ease in with Outrage: The Five Reasons Why O.J. Simpson Got Away with Murder, and if you like that, move into heavy-hitters like Reclaiming History – The Assassination of John F Kennedy
March 25, 2018
An interesting and quick read with a few useful nuggets of practical wisdom on the subject of cross examination. Somewhat dated in some sections (See chapter on silent cross examination).
April 26, 2023
Mimo że książka pochodzi z początku XX wieku pozostaje zaskakująco aktualna. Z pewnością, wbrew opisowi, można ją polecić także laikom zainteresowanym wyglądem procesu w systemie prawa anglosaskiego.
May 25, 2014
In an easy to read style Francis Wellman's classic from 1903 looks back at the styles and tactics of many of the leading trial lawyers of his time. His last chapter listing the golden rules of cross examination should be stuck to every lawyer's notebook so that they are to hand to read and refresh his memory every day and one never forgets to apply it as one goes about one's daily routine. A more recent and practical take on the rules is Timothy A. Pratt, "Ten Commandments of Cross Examination" http://www.thefederation.org/document... which illustrates the ten rules from Irvin Younger, "The Art of Cross - Examination" (1976). There is another list of the golden rules at http://www.objection.com/CrossChart.pdf. It also lists some of the objectives which should work as a good checklist for all of us while we are preparing our evidence and reviewing the evidence of the other side. A senior lawyer once said to me when I was working in his chambers as an intern that the skills that one needs to be a good trial lawyer will be invaluable for a corporate lawyer who, while drafting documents, should know precisely what needs to be proved in court and how. The knowledge of the law of evidence and the rules of procedure are essential for those of us who don't spend time in courts. It is this, rather than merrely our ability to write well, which I do not underestimate as a skill, which, in the final analysis will save our client from tripping over the final hurdle in a court.
February 11, 2017
Good for new attorneys.
May 22, 2012
I have an old one. Photos pasted on the pages of the top lawyers of the day from New York and England. Interesting, indulgent reading, the courts don't typically have such grandstanding.. so entertaining as well.
"..and what is your story toDAY?" examples of then tough, clever trial lawyers cross examining and or undermining credibility of the person on the witness stand.. etc gives the reader insight as to how colorful trial law was then.
You won't be bored....
More enjoyable is the look back to the times, society and race, society and money etc... and why people went to trial. In one instance a man is on trial to divorce his wife claiming not aware she was interacial after it was revealed publicly etc.. we have come so far.
A more than 100 year old book like this is enjoyable for alot of reasons.
"..and what is your story toDAY?" examples of then tough, clever trial lawyers cross examining and or undermining credibility of the person on the witness stand.. etc gives the reader insight as to how colorful trial law was then.
You won't be bored....
More enjoyable is the look back to the times, society and race, society and money etc... and why people went to trial. In one instance a man is on trial to divorce his wife claiming not aware she was interacial after it was revealed publicly etc.. we have come so far.
A more than 100 year old book like this is enjoyable for alot of reasons.
April 30, 2014
Marvellous piece of work. Reading this book gave me an urge to become a lawyer skilled in cross-examination (albeit in my own imagination). It fosters in one the admiration for great speakers, not just in the law courts but in debate, the workplace and many other unexpected arenas.
This book makes you realize that the best orators do not influence by volume, but by content, experience and a garnish of skillful acting.
This book makes you realize that the best orators do not influence by volume, but by content, experience and a garnish of skillful acting.
July 5, 2012
This is the definitive treatise on cross-examination. It is now over one-hundred year old, but it still (mostly) holds up. There are some obvious differences now, as discovery has changed trial work forever. But still the recommended tactics and procedures are extremely helpful, particularly his recommendations about when not to ask questions.
July 5, 2015
Full of great advice for trial lawyers on the art of cross-examination. The ending few chapters are tedious repetitions of court transcripts, but the value of this book is not necessarily in a straight read through. There are chapters that I will likely return to again and again throughout my entire life.
July 4, 2008
I was introduced to this book by a trial attorney. This is a classic which is a must read for every trial attorney, and also helps in day to day life. Every so often I pick it up and re-read. Fascinating!
January 7, 2016
Read this book on the advice of someone that thought themselves well-read. I've since decided they weren't well-read, just full of themselves.
Regardless, it was an interesting book but for a layman, not very valuable.
Regardless, it was an interesting book but for a layman, not very valuable.
October 22, 2014
This book, written by an experienced lawyer, was my savior for my final moot court. He so intriguingly explains the art of winning a case through cross examining your opponents witness. I highly recommend this to any new law student.
Read
March 9, 2009Still learning from this one. Pick it up to search for certain topics. Really well put-together and very helpful.
June 9, 2012
This is a book that I've read several times - there's always a morsel to pickup. It stays on the reference shelf within arm reach of my computers.
September 27, 2012
Useful book. Interesting perspective on important historical trials, too.
September 5, 2014
This is a really awesome and somewhat quaint primer, but the skill is timeless. Great for any trial advocate.
October 3, 2014
Recommended for lawyers, judges, and anyone who does interviews and is interested in the art of question and answer.
October 12, 2022
In my limited involvement/engagement with lawyers, I have hardly heard any advice out of this book.
May 31, 2025
The book has lots of good principles but certainly shows its age. I got the version with the Foreword & Commentary by Roger Dodd, and his additions were the most valuable part of the book.
Displaying 1 - 25 of 25 reviews