The Single Easiest Way to Make a Witness Cooperate
This article is a continuation of a series on handling CX like a pro. Check out the previous articles here:
Cross-Examination: Good Cop or Bad Cop?
Most examiners fill cross-examination with pleasantries, locator comments, filler sentences, reactions, promises, and transitions.
Q. (Pleasantry) Hey Sarah, how’s it going?
A. Great, thanks for asking.
Q. Great, great, I’m doing pretty well, too. Just got a couple of questions for you.
A. Okay.
Q. (Locator comment) You argued that Canada would surrender pretty quickly. (Actual question) Does Canada have a military?
A. Yes.
Q. (Filler sentence) So that’s something we’d have to plan for. (Actual question) And they have tanks, modern rifles, and so on?
A. Yes, as well as a modern air force.
Q. (Reaction) Modern air force, interesting. (Promise) We’ll be addressing that in the next speech. (Transition) So let’s talk about your next point, (Locator comment) about the legality of the invasion. (Actual question) Do we have an alliance with Canada?
All this fluff does is hand your opponent free intel about where you’re going with your questions so they can foil you better. But there’s a bigger problem: it sets everyone at ease.
Silence is the single most powerful weapon for amplifying awkwardness. Empty chatter is the most powerful weapon for defusing it.
Contrast these two scenarios:
You: All right, family, Thanksgiving dinner is served, so if you could all take your …
Uncle Mort: (belches loudly)
You: (silently stares at Uncle Mort)
Uncle Mort: (silently stares at you)
Rest of family: (silently stares at Uncle Mort, then at you, then back at Uncle Mort)
(Two horrible, horrible minutes pass)
You: … uh … take your seats.
That’s awkward.
Now analyze the empty chatter version.
You: All right, family, Thanksgiving dinner is served, so if you could all take your …
Uncle Mort: (belches loudly)
You: … seats, right this way. Grandma, I have you sitting right next to me so you can finish that story. Dad’s gonna be using that new carving set he got for his birthday. I’m gonna get dark meat, I heard it’s better for you. Hey, cousin Nellie, you better have washed your hands! Ha, I’m kidding, I know you washed them.
Empty chatter is fine when your goal is to alleviate tension. But in cross-ex, you need everyone to be just a little uncomfortable. You need the witness right on the edge, so if she doesn’t cooperate, she immediately steps into awkward territory. You do this by cutting out all the fluff. No pleasantries, no reactions, no transitions. No free intel. Just meaningful questions, one after the other.
CX Done Correctly:
Q. Sarah, does Canada have a military?
A. Yes.
Q. With tanks, modern rifles, and so on?
A. Yes, as well as a modern air force.
Q. (brief pause to write) Do we have an alliance with Canada?
This style of examination will feel odd at first if you’re used to being overly accommodating. The solution: embrace the awkwardness. Silence is your friend. Let answers hang in the air. Let the witness wonder where you’re going with a certain line of questioning. It’s okay if they get a little nervous - in fact, it’s ideal. A nervous witness is a cooperative witness.
This is the single easiest way to improve your cross-examination. Cut the fluff out of your routines, and be amazed by how many admissions you get in your next round.