The technique of a fleet footed boxer is much safer here than directly confronting the doctor with a series of impeaching questions, especially if the doctor is experienced as a trial witness. The doctor s superior medical knowledge may allow him to talk his way through difficult cross examination. Jab and move, jab and move is the favored practice. The style a lawyer uses during cross examination varies from lawyer to lawyer and from cross exam to cross exam. The lawyer should use a style she is comfortable with and not try to emulate another attorney s style if it is not a natural part of her personality.
Juries can tell when the lawyer is putting on a false personality.
I would not try to cross examine a witness using F. Lee Bailey s approach even though he is one of the best. My cross would come off as forced if I tried to use an inauthentic personality. The traits of the witness affect the way a lawyer conducts cross examination. The jury may deeply resent the scathing cross of a sympathetic witness. For example, the jury may have great sympathy for an elderly plaintiff who was seriously injured in an accident.