Cross-examination is often described as the greatest legal engine ever invented for discovering the truth. Yet it is also one of the most difficult skills for any lawyer to master. Many young advocates make the mistake of believing that cross-examination is about asking as many questions as possible or engaging in a dramatic exchange with a witness. Nothing could be further from the truth.
Cross-examination is a carefully planned exercise in persuasion. Every question should have a purpose, every answer should advance your case, and every step should bring the court closer to accepting your theory of the facts. A single careless question can undo hours of preparation and destroy an otherwise strong case.
If you walk into court without understanding the principles of cross-examination, you are not acting as an advocate—you are merely volunteering to damage your own client’s case.
Here are the Ten Commandments of Cross-Examination that every law student and young lawyer should know.
1. Thou Shalt Control the Witness
A cross-examiner must remain in control at all times. The witness is not there to tell their story again; they are there to answer your questions. Never surrender control by allowing the witness to dominate the conversation.
Instead of asking broad questions, ask questions that require short answers.
Example:
“You were not present at the scene, were you?”
Control is the foundation of effective cross-examination.
2. Thou Shalt Ask Leading Questions
Cross-examination is not an interview. It is an opportunity to present your version of the facts through carefully framed questions.
Leading questions suggest the answer and usually call for a “Yes” or “No.”
Example:
“You signed this document, correct?”
If the witness is doing most of the talking, you are probably doing the cross-examination incorrectly.
3. Thou Shalt Never Ask Open-Ended Questions
Open-ended questions are dangerous because they give witnesses the opportunity to explain, justify, or repair weaknesses in their testimony.
Avoid asking:
“What happened?”
Instead ask:
“You left the house at 3:00 p.m., didn’t you?”
The less freedom you give the witness, the stronger your cross-examination becomes.
4. Thou Shalt Use One Fact Per Question
Never combine several facts into one question. Doing so allows the witness to dispute part of the question while avoiding the rest.
Keep every question simple.
Example:
“You were at the office at 10:00 a.m., correct?”
One fact. One question. One answer.
5. Thou Shalt Never Ask What You Do Not Already Know
Perhaps the oldest rule of advocacy is this: never ask a question unless you already know the answer.
Surprises rarely help the cross-examiner.
Every question should be based on evidence already available through witness statements, documents, recordings, or other admissible material.
Example:
“You never informed the police, did you?”
Preparation wins cases; guesswork loses them.
6. Thou Shalt Impeach with Prior Inconsistencies
One of the most effective methods of attacking credibility is to expose contradictions.
When a witness changes their story, confront them with their previous statement.
Example:
“In your witness statement, you said it happened at 2:00 p.m. Today you say it was 4:00 p.m. Which is correct?”
A witness who contradicts themselves becomes less believable.
7. Thou Shalt Be Short and Sharp
Long questions confuse judges and give witnesses opportunities to escape.
Short questions are easier to understand, harder to evade, and more persuasive.
Example:
“Yes or no—you saw nothing, correct?”
Brevity is one of the greatest weapons in advocacy.
8. Thou Shalt Not Argue with the Witness
Never lose your composure.
You do not win by shouting louder than the witness. Your job is to obtain useful admissions, not to win a debate.
Once the witness has answered, move on.
Example:
“I put it to you that your account is false.”
Allow the evidence—not emotion—to persuade the court.
9. Thou Shalt Build Thy Case One Step at a Time
Cross-examination is like constructing a building. Each question lays another brick until the court can clearly see your case.
Do not jump to conclusions too early.
Lead the witness through a sequence of undeniable facts.
Example:
“You were not at the scene. You did not witness the incident. Therefore, your evidence is based entirely on what others told you, correct?”
Every answer should move you closer to your final objective.
10. Thou Shalt Stop When Thou Hast Won
One of the biggest mistakes lawyers make is asking “just one more question.”
Once you have obtained the admission you needed, stop.
Continuing unnecessarily only gives the witness an opportunity to recover.
Example:
“So your entire testimony is based on hearsay, correct?”
Once the answer is “Yes,” sit down.
Do not rescue the witness from the damage they have already done to their own case.
Conclusion
Cross-examination is not theatre. It is not about intimidation, cleverness, or asking hundreds of questions. It is a disciplined exercise in strategy, preparation, and precision.
The greatest advocates know that success in cross-examination comes from careful planning, self-control, and adherence to well-established principles. Every question must have a purpose, every answer must advance your theory of the case, and every decision must be deliberate.
Master these Ten Commandments, and you will become a more confident and persuasive advocate. Ignore them, and even the strongest case can unravel under the weight of your own questions.
Remember: Cross-examination is not drama—it is discipline. One wrong question can destroy your entire case.
Follow BrakoPowers Law Hub for practical courtroom advocacy tips, legal education, and career guidance designed for every Ghanaian law student, young lawyer, and aspiring litigator.
Well understood Sir
This an eye opener not just for lawyers but also ordinary citizens who may find themselves as witnesses to be mindful of answers they provide
That’s right. Spot on.