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The Art of Cross-Examination | 
enlarge | Author: Francis L. Wellman Publisher: Touchstone Category: Book
List Price: $11.00 Buy New: $5.70 You Save: $5.30 (48%)
New (28) Used (19) from $2.25
Avg. Customer Rating: 27 reviews Sales Rank: 71825
Media: Mass Market Paperback Number Of Items: 1 Pages: 480 Shipping Weight (lbs): 0.4 Dimensions (in): 6.8 x 4.2 x 1.4
ISBN: 0684843048 Dewey Decimal Number: 340 EAN: 9780684843049 ASIN: 0684843048
Publication Date: November 1, 1997 Availability: Usually ships in 1-2 business days
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Product Description 1903. With the cross-examinations of important witnesses in some celebrated cases. Wellman, one of the great nineteenth-century trial lawyers, made his reputation in the musty New York courtrooms of the 1880s and 1890s as assistant corporation counsel and assistant district attorney. In this volume he draws upon his own experiences and the brilliant achievements of other noted lawyers to explain and exemplify the principles of questioning. He quotes extensively from many memorable cases, utilizing them to illustrate both the manner and matter of cross-examination. He takes up the handling of the perjured witness and the expert, he underscores the importance of sequence, and he offers many insights into the psychology of the witness; showing that knowing when to elicit information, and when not to, is critical to the artistry of the advocate.
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| Customer Reviews: Read 22 more reviews...
Great entertainment November 29, 2008 Unlike most reviewers of this book, I am not a lawyer. But I've been reading and rereading Wellman's classic ever since I stumbled across it in my early teens, and it's one of the most enjoyable books I know. Wellman's rich collection of courtroom anecdotes makes the book fascinating, funny and an all-around great read, even for a layman.
I even managed to put it to practical use on one occasion: while serving as a petit juror, I used "The Art of Cross-Examination" to while away the recess time spent in the jurors' assembly room... then sat in court day after day, working hard to keep a straight face as the prosecutor and defense attorney, between them, committed nearly every mistake in the book.
I'd recommend "The Art of Cross-Examination" to any intelligent adult for its sheer entertainment value.
A Book Most Lawyers Have But Have Never Read November 9, 2007 1 out of 1 found this review helpful
Any trial lawyer has heard of this book and many probably have it. That doesn't mean that they have read it. The reason for having the book is that it has been around so long--the author was a trial lawyer in the late 1800s--that everyone feels that they must have it. The reason they have not read it is because it is very difficult and seems so outdated. The practice of law has changed considerably since the late 1800s.
Much of what Wellman has to say is not practical anymore and the cases he relies on have no real parrallels to litigation today. Even some of his techniques--no matter what the case--are now considered wrong. Think how much the practice of medicine has changed since the 1800s!
One simple example that trial lawyers can relate to is that Wellman suggests that once you impeach a witness with a prior inconsistent statement, you should then confront the witness and say, "Which statement is true?" He then instructs that you should keep arguing with the witness about which statement is true. Whether this was successful in the 1880s is impossible to know, but any good trial lawyer knows that it is an unsuccessful technique today.
Having said all this, the book does provide a good historical account of trial practice and is worthy of reading if that is your goal.
Highly Disappointing September 28, 2007 2 out of 3 found this review helpful
I heard about this book from a well known scholar and professor. Therefore, I thought it would be what I needed to really learn how to cross examine. However, THIS BOOK IS TERRIBLE. He has outdated examples and the majority of the stories are war stories that fit only the circumstances described. I would not recommend this book to anyone. I am a prosecutor and when I used this book for cross exams I found it provided no real aid. This book has a big reputation but offers little substance.
A must read for anyone in public life August 11, 2007 1 out of 1 found this review helpful
An outstanding book with excellent examples of the use of cross-examinations. Not just for lawyers. Really anyone dealing with matters depending on the observations of their fellow humans can benefit from this little gem.
I give it to every one of my new associates June 16, 2007 4 out of 4 found this review helpful
As soon as they're hired, each of my new associates always recieves this book as a gift.
The reason for this is twofold. On the one hand this book, dating from more than a century ago, imparts the kindly sensibilities the practice of law once had (and really, should still have).
On the other hand, this book is masterful in its treatment of the process of cross examining witnesses.
Second in significance only to the selection of a jury, the process of cross examination is key to winning jury trials. This is because admissions tendered by the opposing party can eliminate disputed issues or focus attention on credibility problems.
Though Wellman often goes into great detail in explaining his examples, it's been my experience that new attorneys to the field cannot help but benefit from such complete treatments.
In this way, Wellman leads by example both in relation to his gentility and his prowess.
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