7/31/2019 Outline of Irving Younger

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Outline of Irving Younger's TenCommandments of Cross Examination

- Always good to get back to thebasics.

I found the following outline/summary of Irving Younger's famouspresentation on the "Ten Commandments of Cross Examination."

I remember that presentation on videotape (VHS - remember when thatwas the next best thing?!). I would love to see it again. It is only anhour long.

If anyone has it and is willing to loan it to me, please email me (seeaddress in left column). Much appreciated. However, here are the TenCommandments. Please note that Irving Younger confessed in hispresentation that there were actually only six or seven, but he wordedthem up a little to get Ten Commandments which has a better ring to it.

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IRVING YOUNGERS 10 COMMANDMENTSOF CROSSEXAMINATION1. Be BriefBe brief, short and succinct. Why?Reason 1: chances are you are screwing up. The shorter the timespent, the less you will screw up. Reason 2: A simple cross thatrestates the important part of the story in your terms is more easilyabsorbed and understood by the jury. You should never try to makemore than 3 points on cross-examination. Two points are better thanthree and one point is better than two.

2. Use Plain WordsThe jury can understand short questions andplain words. Drop the 50 dollar word in favor of the 2 dollar word. Driveyou car instead of operate your vehicle.

3. Use Only Leading QuestionsThe law forbids questions on directexamination that suggest the answer.The lawyer is not competent totestify. On cross-examination the law permits questions that suggest theanswer and allows the attorney to put his words in the witnessesmouth. Cross-examination, therefore, specifically permits you to takecontrol of the witness, take him where you want to go, and tell yourimportant point to the jury through the witness.Not asking controlledleading questions leaves too much wiggle room. What happened next? Iwould like to clear up a couple of points you made on direct? Thesequestions are the antithesis of an effective cross-examination. Any

questions which permit the witness to restate, explain or clarify thedirect examination is a mistake.You should put the witness on

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7/31/2019 Outline of Irving Younger

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autopilot so that all of the answers are series of yes, yes, yes!4. BePreparedNever ask a question that you do not know the answer to.Cross is not a fishing expedition in which you uncover new facts or newsurprises at the trial.5. ListenListen to the answer. For some,cross-examination of an important witness causes stage fright; itconfuses the mind and panic sets in. You have a hard time just gettingthe first question out, and youre generally thinking about the nextquestion and not listening to the answer.6. Do Not QuarrelDo notquarrel with the witness on cross-examination. When the answer to yourquestion is absurd, false, irrational contradictory or the like; Stop, sitdown. Resist the temptation to respond with how can you say that, orhow dare you make such an outrageous claim? The answer to thequestion often elicits a response, which explains away the absurdity andrehabilitates the witness.7. Avoid RepetitionNever allow a witnessto repeat on cross-examination what he said on direct examination.Why? The more times it is repeated, the more likely the jury is to believeit. Cross-examination should involve questions that have nothing to dowith the direct examination. The examination should not follow the scriptof the direct examination.8. Disallow Witness ExplanationNeverpermit the witness to explain anything on cross-examination. That is foryour adversary to do.9. Limit QuestioningDont ask the onequestion too many. Stop when you have made your point. Leave theargument for the jury.10. Save for SummationSave the ultimatepoint for summation. A prepared, clear and simple leading cross-

examination that does not argue the case can best be brought togetherin final summation.

Summarized from The Art of Cross-Examination by Irving Younger.The Section of Litigation Monograph Series, No. 1, published by theAmerican Bar Association Section on Litigation, from a speech given byIrving Younger at the ABA Annual Meeting in Montreal Canada inAugust of 1975.