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Using Awkwardness to Handle Squirmy Witnesses


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?

Cross-Examination: Your Most Powerful Weapon


In the last article, we explored how to use awkwardness to maintain control of a cross-examination. You can use the exact same weapon against the most dreaded witness of all: the kind who refuses to answer your question. 


Pushy examiner:

Q. Are we allied with Canada?

A. Sort of.

Q. So we are, right?

A. I didn’t say that.

Q. Well, say it!

A. No, thank you.

Q. Say it. Say they’re our allies.

A. No.

Q. Say it or I’ll scream!

Judge: Stop it, you mean jerk!


Accommodating examiner:

Q. Are we allied with Canada?

A. Sort of.

Q. Delightful! Moving on ...


Examiner who firmly applies awkwardness to control cross-ex:

Q. Are we allied with Canada?

A. Sort of.

Q. Sort of? We have a sort-of alliance with them?

A. I didn’t say that.

Q. So what are you saying?

A. That Canada is a lovely country that is close to us.

Q. Hang on, I didn’t ask you about that. I asked you if we are allied with Canada.

A. You could say that.

Q. But are YOU saying it?

A. Not necessarily.

Judge: (pinches bridge of nose in exasperation)


The answers are different, but the technique is the same. You don’t push your opponent to answer the way you want, you just punish them for not answering by making them look ridiculous. Most witnesses will eventually cave, but not before losing lots of credibility with the judge.

If the witness insists on squirming, you plant your feet and hang out on that question. 


Here’s an illustration.

Q. Do you have a position on whether or not we have an alliance with Canada?

A. Teehee!

Q. So, no position?

A. Oh, I have a position.

Q. Great! What is it?

A. It’s a wonderful position.

Q. So, are we allied with Canada?

A. If answers are what you wish from me, you shall have to solve my riddles three!

Judge: (furiously votes for examiner)

Again, you don’t care whether or not the witness cooperates. Either way, you win the cross-examination. 


In the next article, we’ll talk about the single easiest way to effectively embrace awkwardness in your routines.


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