Who ever thought that Fred Astaire was the Patron Saint of direct examination? In direct examination, your job is to make the witness and the story she is telling interesting, compelling, and credible. With that in mind, direct examination is analogous to two dancers dancing in a duet. Just like one of the partners attempts to fade into the background so that the other partner can become the focus of the audience’s attention, so too must the direct examiner fade into the background so that the witness can become the focus of the jurors’ attention. But how can that be done in a courtroom -- to wit, a hostile environment that is a far cry away from a concert hall? Join me as I take you on a journey through direct examination.
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