September 15, 2016
Publication: Law360
Conventional wisdom says that a trial lawyer should never ask a nonleading question on cross-examination. But while it is true that novice trial lawyers are probably best served by sticking with this advice, there are very good reasons at times for more advanced practitioners to free themselves from the rule. In a recent Law360 article, litigators Matthew Menchel, Jonathan Cogan, and Rebecca Mangold explore the situations in which nonleading questions can be useful in eliciting damaging testimony directly from a witness.
The article, “How To Use Nonleading Questions On Cross-Examination,” can be viewed here.