Winning at Trial using Sun Tzu's the Art of War
The trial lawyer convinces the hostile witness that he knows the darkest, deepest secrets about the witness. He uses social media and other investigative techniques to cover impeachment material and lets the hostile witness know it. At the same time, the trial lawyer appears deceptive about what he knows. All of this keeps the opposing counsel and the hostile witness in check. They know if they challenge him, he will reveal their deepest, darkest secret in open court to their utter and utmost embarrassment and humiliation.
The trial lawyer will let expert witnesses think he is an unprepared fool. He will allow the expert witnesses to bolster themselves, exaggerate and make broad generalizations. He will then use their own textbooks, training manuals and policies to show they are incompetent, biased and lazy.
The trial lawyer is always in control of his: (1) mind, (2) body and (3) emotions. He never loses his temper. He understands that juries do not like people who are arrogant and rude.
In front of the jury, the trial lawyer is: (1) polite, (2) professional and (3) competent. At the same time, he seeks to exploit his opponent’s arrogance.
The trial attorney will often irritate a hostile witness outside of the courtroom so they become even more hostile. When that witness enters the courtroom, they will appear hostile and combative right away, but the jury will not know why. Thus, that witness will appear biased and unlikeable to the jury. The jury will never trust that witness.
On cross-examination, the trial lawyer remains calm and polite. The trial lawyer will feign that he is weak before the hostile witness, to wit: (1) bumbling, (2) inept and (3) confused.