The Direct Examination Blueprint: Nine Empirically Supported Principles for Maximum Attention, Retention, and Comprehension

Abstract

There are nine principles trial lawyers should bear in mind in preparing, choreographing, and executing direct examinations. They are (1) using a conversational tone; (2) blocking or segmenting the examination; (3) headlining each block or segment; (4) staging or choreographing the various blocks; (5) personalizing the witness; (6) freeze-framing critical information; (7) eliciting appropriate feelings; (8) introducing visual reinforcement; and (9) mitigating damaging evidence by pricking boils. The discussion of each principle is followed by empirical data supporting that principle.

Keywords: advocacy, trial advocacy