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17 April 2014 / Clive Freedman KC
Issue: 7603 / Categories: barrister , Features , Profession
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A collaborative approach

Clive Freedman QC explains how teamwork underpins the foundations of a successful cross-examination

Lawyer, legislator and US Attorney General Benjamin Butler was regarded as one of the most skilled cross-examiners of his day. A particular case, turning on the capabilities of iron, led him to spend a week quite literally at the grindstone working in a railway repair workshop. When it comes to cross-examination, the metaphor of thinking outside the box assumes an altogether new meaning.

The popular portrayal of a witness crumbling and confessing tearfully all under the scrutiny of the barrister’s wit and masterful advocacy is, unfortunately, the stuff of fiction. Witnesses can be backed into a corner, but presentation in court is only part of the story. It is a common misconception that cross-examination is exclusively the barrister’s domain. It is important not to overlook the crucial ways in which solicitor and client can help prepare. Barrister, solicitor and client are members of a team bringing to it valuable and different perspectives.

Solicitors possess an unrivalled knowledge of the case. Having been involved with proceedings from the beginning, they often

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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