5 Lessons I Learned in My First Federal Jury Trial as Defense Counsel (Part 3) - Cross-Examination is an Art, Not a Checklist

When I first imagined cross-examination, I pictured a dramatic moment — the defense attorney catching the witness in a lie, the jury gasping, the case turning on a single answer. In reality, cross-examination in federal court is far more subtle and strategic. It’s not about the big “gotcha” moment. It’s about control, precision, and knowing exactly what not to ask.

Short Questions, Clear Goals

The most valuable advice I received before trial was simple: Never ask a question you don’t already know the answer to. Cross is not the time to go fishing for information. Each question should be short, direct, and lead the witness exactly where you want them to go.

For example, instead of asking, “Why did you say that?”, which gives the witness room to explain, you ask:

• “You told the agent you didn’t see my client at the scene, correct?”

One fact. One answer. No wiggle room.

When to Push and When to Step Back

Some witnesses crumble under pressure. Others thrive on it. A skilled cross-examiner knows when to keep pressing and when to let silence do the work. In my first trial, I learned that sometimes the most powerful move is to stop — to let the jury sit with what the witness just admitted.

Listening is Just as Important as Talking

Cross-examination isn’t a monologue. It’s a dialogue — and the witness will sometimes give you unexpected gifts if you’re paying attention. I learned to listen closely for inconsistencies or hesitations I could use later.

The Trap of the “One More Question”

One of the easiest mistakes for a new trial lawyer to make is asking that one extra question after you’ve already made your point. That’s when witnesses suddenly “remember” something that undoes your progress. If you’ve made your point and the jury heard it, stop.

Lesson Learned: Cross-examination is a disciplined art. It’s not about showing off how much you know — it’s about leading the witness exactly where you need them to go, and knowing when to stop walking.

Tomorrow: Part 4 – Humanizing the Defendant is Everything