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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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Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
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