The Art of Cross-Examination
by Francis L. Wellman
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Book Summary Information
Author: Francis L. WellmanEdition: Mass Market Paperback
Published: 1997-11-01
ISBN: 0684843048
Number of pages: 480
Publisher: Touchstone
Book Reviews of The Art of Cross-Examination
Book Review: A Book Most Lawyers Have But Have Never Read
Summary: 3 Stars
Any trial lawyer has heard of this book and many probably have it. That doesn't mean that they have read it. The reason for having the book is that it has been around so long--the author was a trial lawyer in the late 1800s--that everyone feels that they must have it. The reason they have not read it is because it is very difficult and seems so outdated. The practice of law has changed considerably since the late 1800s.
Much of what Wellman has to say is not practical anymore and the cases he relies on have no real parrallels to litigation today. Even some of his techniques--no matter what the case--are now considered wrong. Think how much the practice of medicine has changed since the 1800s!
One simple example that trial lawyers can relate to is that Wellman suggests that once you impeach a witness with a prior inconsistent statement, you should then confront the witness and say, "Which statement is true?" He then instructs that you should keep arguing with the witness about which statement is true. Whether this was successful in the 1880s is impossible to know, but any good trial lawyer knows that it is an unsuccessful technique today.
Having said all this, the book does provide a good historical account of trial practice and is worthy of reading if that is your goal.
Summary of The Art of Cross-Examination
1903. With the cross-examinations of important witnesses in some celebrated cases. Wellman, one of the great nineteenth-century trial lawyers, made his reputation in the musty New York courtrooms of the 1880s and 1890s as assistant corporation counsel and assistant district attorney. In this volume he draws upon his own experiences and the brilliant achievements of other noted lawyers to explain and exemplify the principles of questioning. He quotes extensively from many memorable cases, utilizing them to illustrate both the manner and matter of cross-examination. He takes up the handling of the perjured witness and the expert, he underscores the importance of sequence, and he offers many insights into the psychology of the witness; showing that knowing when to elicit information, and when not to, is critical to the artistry of the advocate.General Books
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