32. The Tense Trio, with Judge Amy Hanley and Cheryl Brown Wattley

Kansas District Court Judge Amy Hanley is joined by UNT Dallas College of Law Professor Cheryl Brown Wattley for a lively discussion of “the tense trio”: objections, cross-examination, and impeachment. Find out what these elements of a trial have in common; why trial lawyers face so much pressure around them; how to overcome the challenges of the tense trio at trial; and what mentorship means to career development. 

 Topics3:31 What is the “tense trio”?  3:56 What makes these parts of a trial so tense for lawyers  4:41 The pressure of objections 6:57 Tuning your ear for objections 8:59 When not to object10:05 Learning the FRE11:00 The pressure of cross12:34 Cinematic moments 14:40 Preparation versus spur of the moment17:35 Getting out of your own way on cross22:56 Women and cross28:34 Ending with a zinger31:18 The pressure of impeachment34:20 The 3 C’s of impeachment36:01 When impeachment backfires39:20 Common impeachment mistakes41:05 Preventing rehabilitation 43:14 Mentorship50:30 NITA Women in Trial

 Quote

“I have discovered that there’s also a physical hurdle to cross-examination, in that tone and demeanor. And what I’m talking about there is that adrenaline rush that we get from confrontation, and if you’ve been in trial and you’ve done cross-examination, you know what I’m talking about. The blood is pumping, the energy is coursing through you, and I’ve heard communication specialists talk about this and how we really need to burn off some of that excess energy.” Judge Amy Hanley

“I think the other problem area [in impeachment] is oftentimes lawyers want the impeachment to work and they don’t read the second sentence. They don’t read the thing that the witness said either right after, or alternatively right before. So, you pull out that which seems to be a contradiction, but really, if you read the full paragraph, it’s the same explanation. You can’t just focus on the five words.” Cheryl Brown Wattley

Resources

Judge Amy Hanley (bio)Cheryl Brown Wattley (bio)NITA Women in Trial (program) (video)Federal Rules of Evidence with Objections (book)Harnessing Your Power on Cross-Examination (webcast)