Cross-Examination: Your Most Powerful Weapon
This article is a continuation of a series on handling CX like a pro. Check out the previous article here:
Last time, we discussed the ineffectiveness of being mean or nice to the witness. Today, we discuss your most powerful weapon: awkwardness. You’ll craft 90% of your routines around it.
Ask questions in such a way that the witness must comply by giving you the admissions you want, or damage their relationship with the judge. You put them on the express train to admission town. If they cooperate: it’s a smooth ride, you get all the admissions you need, no one is uncomfortable, and your opponent sits down feeling fine. You never needed to punish them because they gave you everything you wanted.
Level 1: Easy Admissions.
Q. Does Canada have a standing army?
A. Yes.
Q. With tanks, modern rifles, and so on?
A. Yes.
Q. Modern aircraft as well? Fighter jets?
A. Sure, fighter jets, attack choppers, what have you.
Q. Has the Canadian military been involved in combat operations recently?
A. Yes, in Afghanistan and Iraq.
Q. And how did they perform?
A. Admirably.
Q. Anywhere else?
A. Sure, Libya and Mali.
Q. And how did that turn out?
A. The Canadians won.
Q. What about the fight against ISIS?
A. Canada really gave them the business.
Q. Thanks, no further questions.
A routine like this can be almost boring to watch. The fireworks come in the next speech, when you turn those admissions into arguments.
Level 2: Backtracking Admissions.
If the witness ever stops cooperating, you’ve designed the routine in such a way that awkwardness immediately ensues. You just keep turning up the heat until the witness gets back on the train. This usually entails repeating the answer incredulously. That’s usually enough to spook a witness back on track.
Q. Does Canada have a standing army?
A. No.
Q. Hang on, you’re saying Canada doesn’t have a standing army?
A. Uh … oh, yes they do actually.
Q. With tanks, modern rifles, and so on?
A. No, it’s not a modern military.
Q. It’s NOT modern?
A. Correct.
Q. So you’re saying Canada doesn’t have tanks?
A. Sure, I guess tanks, yeah, they have tanks. I misheard you.
Q. What about fighter jets?
Level 3: No Admissions.
If the witness is completely uncooperative, you don’t move past the first question. You plant your feet and deploy your main weapon: letting things get awkward. If the witness never cooperates, their relationship with the judge will be torn to shreds.
Q. Does Canada have a standing army?
A. No.
Q. Hang on, you’re saying Canada doesn’t have a standing army?
A. Correct.
Q. I want to make sure I’m hearing you clearly. Canada - the country just north of us - you’re saying they don’t have a standing army?
A. That’s what I’m saying, yes.
Judge: (tries not to laugh)
Q. No military of any kind?
A. Not a single solitary soldier.
Q. (4 seconds of deliberate, awkward silence)
Judge: (staring in shock)
You don’t care whether the witness cooperates or not. Either way, you win cross-examination.
Next time, we’ll discuss how to use awkwardness to handle the most dreaded witness of all.