Direct Examination: Court the Servant
I have a confession to make: I enjoy period piece movies and TV shows. Maybe it’s the history major in me fascinated to see how modern creators depict historic people, times, and events. Maybe it’s something else…
In any event, having enjoyed the entire Downton Abbey series with my wife, we recently turned to The Gilded Age, made in the same style as DA.
I’m most interested in those of “lower status” and what their lives appeared to be. Ignored. Stepped on. Taken for granted. Even among the aristocracy, there is a hierarchy and those less flashy are readily dismissed.
But let’s be honest; those are the folks who were the engine that made things run.
Just like … direct examination.
In trial work, everyone loves the high-profile stuff – Opening statements, cross examinations, closing arguments, and even voir dire. All of that is sexy – books are written about the greatest arguments or greatest cross examinations. There aren’t many books about direct examiners and their questions of witnesses. Why not? Because the lawyer isn’t the star; the witness is. The lawyer asks questions like, “Tell us what happened on the morning of May 1.” Or, “then tell us what you did?” Or, “then where did you go?” Sometimes, when we get really bold, we’ll loop in the previous answer to our next question like, “After you saw the defendant remove his mask and say ‘give me all your money,” what happened next?”
As trial lawyers, we tend to turn our noses up at direct examination because we like to be the stars. The center of attention. Praised for our genius or brilliant oratory.
It’s pathetic, really, but I digress.
Direct examinations win cases. That is how we present our evidence and our cases. As a prosecutor, that is how we meet all of the elements of the charged offenses. As a civil lawyer, that is how we tell the story of what happened. That is how we get other kinds of evidence admitted, whether they be documents, pictures, videos, or audio. It is the witness who tells the story. The other stuff might be sexier, but you aren’t winning if you haven’t prepared your witnesses for direct examination (and the subsequent cross-examination) and carefully marshaled all your proof through those witnesses.
It is the very thing that makes the dinner upstairs a success.
When the Duke of Buckingham is sitting at your table and offering hearty praise for the splendid meal, décor, and entertainment, it is the sexy stuff that receives the praise. The women in their elaborate gowns and sparkling jewelry. Things like opening, cross, and closing. But other than providing window dressing, what did they really do?
They couldn’t pull the social event off without the help of our critical servant “direct examination” downstairs in the frumpy clothing.
And if you don’t treat HER well, your evening will be a disaster!
