Mastering Cross-Examination: How to Control Difficult Witnesses with Expert Techniques
In the courtroom, one of the most challenging moments for any defense attorney is managing a difficult witness during cross-examination. Witnesses can often go off on tangents, become emotional, or attempt to dominate the narrative — all of which can derail your case. In this post, we dive into expert advice from renowned trial attorney Michael Waddington on Kick-Ass Cross Exam Technique #7: Controlling Difficult Witnesses. Whether you are a legal professional or simply intrigued by courtroom strategy, understanding this technique is essential.
Why Controlling Difficult Witnesses Matters
Cross-examination is a critical phase of any trial. This is where the defense attorney has the opportunity to challenge the testimony of the opposing party’s witnesses, uncover inconsistencies, and present a persuasive narrative to the jury. However, when a witness refuses to stay on topic or attempts to manipulate the conversation, it can undermine the attorney’s control and confuse the jury.
Michael Waddington highlights that often witnesses have a lot to say — sometimes too much — and it’s the lawyer’s job to steer the conversation back to the question at hand, without allowing irrelevant or prejudicial information to cloud the jury’s perception.
Key Technique: Interrupt and Redirect
One of the most effective strategies Waddington shares is simple yet powerful: interrupting the witness politely and redirecting their answer.
“Excuse me, Jimbo, I understand there are a lot of things you want to tell the jury. But my question was, you went to Reno with Amber. What is your answer to that question?”
This method serves multiple purposes:
- Reclaims control: The attorney asserts authority over the flow of testimony, preventing the witness from dominating the dialogue.
- Keeps focus: It reminds the witness and the jury what the relevant question is, helping to maintain clarity.
- Limits damage: By cutting off unnecessary information, the attorney avoids giving the witness a platform to share damaging or distracting details.
Applying This Technique in Real Trials
Imagine a scenario where a witness attempts to justify questionable behavior by launching into a lengthy explanation. The temptation might be to allow them to speak, hoping they’ll say something useful or contradictory. However, this can backfire as the witness may gain sympathy or confuse the jury.
Michael Waddington’s approach encourages attorneys to be assertive yet respectful. It’s not about being rude; it’s about ensuring that the testimony stays relevant and serves the defense’s strategy.
Additional Insights from Michael Waddington
Michael and Alexandra Waddington, partners at González & Waddington, LLC, are recognized for their aggressive and experienced defense in serious criminal cases, including military sexual assault, false accusations, and white-collar crimes. Their expertise spans multiple jurisdictions, including Florida State Court, Federal Court, and military courts worldwide.
Their approach to cross-examination reflects years of experience dealing with high-stakes cases where controlling the narrative is crucial. They emphasize preparation, knowing your witness and case inside out, and maintaining composure under pressure.
Why This Matters for Defense Attorneys and Beyond
For defense attorneys, mastering control over difficult witnesses can be the difference between winning and losing a case. Beyond the courtroom, this technique is valuable in any setting where managing conversations and steering discussions toward key points is important — such as negotiations, mediations, or even public speaking.
Conclusion
Controlling difficult witnesses during cross-examination is a skill that requires practice, confidence, and strategic thinking. Michael Waddington’s Kick-Ass Cross Exam Technique #7 offers a straightforward yet effective method: politely interrupt and redirect. This keeps the testimony focused, protects your case, and ultimately helps you communicate your client’s story clearly to the jury.
For those facing serious criminal defense matters, especially in military or federal courts, having seasoned attorneys like the Waddingtons on your side can make all the difference. If you or a loved one is wrongly accused, consider consulting experts who specialize in aggressive, experienced defense.
Contact Information:
González & Waddington, LLC
1792 Bell Tower Ln #218
Weston, FL 33326
Phone: 1-800-921-8607
Website: https://ucmjdefense.com
Watch the full video on this technique and more at YouTube.