Judge Brett Kavanaugh has never been
a trial judge nor a trial lawyer. Nor has he been an arbitrator or a hearing
officer—people who run a court-like hearing. Appellate judges hear
academic-type arguments but the lawyers before these judges are not sworn nor
do they testify.
So, this post is mostly for
my for students, past and present, to share some brush-up tips from our mock
hearings:
Demeanor—avoid aggressive, hostile, evasive and uncooperative conduct. You want
to appear to be a reasonable, believable, and honest person.
The opposing advocate— attempt to put your answers in the light most favorable to your case;
do not engage in belligerent arguments with opposing counsel.
And also as a refresher, here are
some tips to use on cross exam, to make a witness look bad:
Cross Examination Strategy: Pick out the weak spots in the witness’ evidence and zero in on them.
Cross Examiner Demeanor: Do not allow yourself to get excited or angry in questioning a witness.
If the witness becomes angry, it is even more important that you remain icily
cool.
Undermining Credibility: Before you confront a witness with a prior inconsistent statement, set
the hook by committing the witness to the prior statement before proceeding to
discredit him with the contrast between that statement and the one he now
makes.
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