header-logo header-logo

17 April 2014 / Clive Freedman KC
Issue: 7603 / Categories: barrister , Features , Profession
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll