Master The Art Of Cross-Examination

 One of the most challenging tasks of advocacy is cross-examination. So often, it has been noticed that even the great lawyers have failed during cross-examination to the ones who have been considered mediocre. So, if you are stuck in a legal battle and are looking for a reliable advocate near me, make sure he is good enough in cross-examining. After all, the better the lawyer knows to cross-examine, the easier it will be for you to get out of the case.

To obtain proficiency in cross-examination, it needs several years of practice and personal experience. This is why people prefer hiring experienced and the best lawyer near me. However, before we get into the tips and tricks to master the art of cross-examination, it is essential to focus on its statutory provisions.

Statutory provisions of cross-examination

The primary objective of cross-examination is to:

• Ascertain the facts
• Disclose the hidden agendas
• Support the theory with proper justifications
  
  The order of examinations is discussed in Section 138 of the Indian Evidence Act, 1872. Here, it is stated that the cross-examination in any legal affair has to be preceded by the examination-in-chief. According to Section 137 of the Indian Evidence Act, the examination-in-chief is described as examining a specific witness of a particular party who has called that witness to give the necessary evidence. Then, this is followed by the necessary cross-examination and re-examination.

Tips to hone the art of cross-examination
When considering cross-examination, you have to remember that it is a double-edged weapon. The lawyers from both sides will ask questions to build the case in favor of them and win it. But, some unnecessary questions are often asked to overturn the case in favor of the opponent. Given below are some tips that will help you to cross-examine the case well:

• First and foremost, before you get into the process of cross-examination, reflect on its purpose and objectives. If you are dealing with a civil case, avoid digging deep into the admitted facts of the opponent team, especially if they are in your favor.
• Do not stick to one plan only. Have plans B, C, and D ready at hand. So, if plan A or B fails, you have others in hand. As a result, you don’t have to ponder or stumble in the courtroom. Also, you can demolish the arguments presented by the opponent party at ease.
• There is a general rule for approaching witnesses. If there are two witnesses, then try hard to examine both of them on the same day. This should be done to ensure whether both of their statements are contradictory. The more the contradiction, the more are your chances of winning.
• Finally, the questions that you frame for the cross-examination are vital. So, one mistake in these questions, and you are sure to land yourself and your client in an untoward situation. Therefore, you have to be very careful.

Conclusion
Thus, the legal profession is not an easy one. However, the more experience you gather, the more proficient you will become in cross-examination.

Reference Link (Originally Posted): https://karunasharmalawyer.wordpress.com/2022/01/12/master-the-art-of-cross-examination/