Posted by Jackson and Wilson, Inc: "On cross-examination, you just asked the witness a key question. Rather than answering, he looks at you and thinking he's going to shake things up a bit replies, "I don't know. What should I have done?"
So how do you handle an unexpected question from a witness without being offensive? Responding with something like, "I'm the lawyer and I'll be asking the questions here" can really make you look bad in front of the jury.
Here's a better approach that's worked well for us over the years.
After the witness ask the question, take a moment and while looking at him in a very respectfully manner, respond with something like the following, "I'm sorry but the court rules don't allow me to answer your questions. However, if they did, I'd be happy to tell you what you should have done." Then ask your question again. I guarantee you you'll get an answer.
If necessary or appropriate, later in the trial you can come back to the question when conducting direct examination of your expert witness or in your closing argument. Let your expert know what question the witness asked and then ask him or her to give you the correct answer.
If you are giving your closing argument, remind the jury about the question the witness asked you earlier in the trial and then share the correct answer. Not only will you be indirectly reminding the jury of the witnesses lack of desire to "play fair", but you'll also have an opportunity to get the last word in on the subject."
For other good trial practice tips visit the following website.
Source: TrialLawyerTips.com, 19 November 2009