The Art of Questioning: Thirty Maxims of Cross-Examination

This book should be required reading for all trial advocates. It reveals, step by step, how both lawyers and non-lawyers can ask the right question and to get the answer they want. Effective inquiry, Mr Brown concludes, is a skill that can be learned to gain success in almost every line of endeavour. The key to the teaching of this art of questioning was the deep study of the various techniques employed by those professional masters who spent their lifetime developing incisive, searching questions for their law cases. As Sir Francis Bacon said, "A prudent question is one half of wisdom". Keep in mind that all questions need not be dead serious. We deserve some fun in life. Try to formulate and, if you can, write down your question. Keep it short and hone your inquiry. Leave out elliptical clauses, qualifying phrases, asides, irrelevancies, jokes and historical quotes and references. Go for the jugular. At the least, review your question two or three times in your head, including your emphasis. Cross-examination is the keenest test of truth and more penetrating than an affidavit. Emory R Buckner, a noted advocate, emphasized that preparation (or getting all the relevant facts before the start of the contest) was the trial's single most important event. Stated in its barest terms, Mr Brown's thesis is that if the witness hasn't hurt you, don't cross-examine. If you do cross-examine, have a specific objective in mind - prepare thoroughly to achieve your objective, and once you have accomplished it, sit down. Digest this book and your advocacy skills will increase dramatically.

Quite a short book, but with lots of thumbnail sketches of little maneuvers in law cases. It's not as good as one might wish for ascertaining useful techniques of cross-examination, but it is a subtle book, pointing out things that might not be naturally noted when dealing with a hostile (or defensive) person. My interest in this book originated with my criminal-defense lawyer brother, but since I am a philosopher, I have to argue with hostile students everyday. Thus, I could use some useful pointers on fruitful and effective questioning. I get the feeling this is a little book that should be reviewed every once in a while as a review of effective questioning. Definitely worth the price, and an easy read too.

Not the best book, but worth the price and worth a read. Not for the beginner.