When preparing for trial testimony, often the focus is on what opposing counsel is going to do. You prepare for cross, naturally enough, because that is an adversarial moment. But my own view is that ...

“Direct examination is not merely the part of trial where the lawyer steps aside and the witness takes over,” writes Skadden’s Manuel Cachán. “It is one of the most important forms of advocacy.” When ...

Law360 (December 18, 2025, 2:14 PM EST) -- A common rule of thumb for examinations during trial is referred to as the 90/10 principle. During cross-examination, the witness should speak 10% of the ...

In their Trial Advocacy column, Ben Rubinowitz, a partner at Gair, Gair, Conason, Steigman, Mackauf, Bloom & Rubinowitz, and Evan Torgan, a member of Torgan & Cooper, advise on more effective ...

In a recent Law.com article, Skadden attorney Manuel Cachán advises that a prohibition on leading your witness in direct should not mean relinquishing control of that witness. He notes: Direct ...

Law360, New York (May 21, 2014, 6:59 PM EDT) -- Direct examination is not the sexiest part of a jury trial — it rarely has the drama of a cross-examination, the novelty of the opening statement, or ...

The real purpose of direct examination is to “argue” the case via questions from counsel and answers from the witness. Trial lawyers asking the questions must be skilled in not only posing the right ...

Direct examination is the heart of the trial. It is also your greatest challenge. You must avoid leading questions used in cross-examination, and ask open-ended questions, meaning that unlike other ...