Practice Tip: Prepare for Cross and Direct Early and Often

One simple way to make the process of drafting cross or direct examination less stressful during the days before trial is to begin it as soon as you begin working with ' or against ' a particular witness. Create a word processing file for that witness as soon as you know he or she exists. Whenever you are doing something in the months to come during discovery and thereafter that gives rise to a thought about cross or direct, open the file and add the relevant questions, or at least a note about the issue. This would be especially prudent right after a deposition and whenever an interaction with opposing counsel or a motion filed in the case reveals to you a new issue or angle in the case that you want to address with that witness. Likewise, as you are engaged in research regarding the medical or scientific issues that are at play in your case, you can simply add relevant facts or questions to your “file” as you go.