Ben Riley’s article on “How Not To Regret Your Direct: Exploring The Human Story” was recently selected as a Best of ABA Sections: Litigation

To avoid regret after direct examination, listen to the witness, get to know the witness, and weave your examination around his or her human story – the interesting and unique aspects of the witness that best highlight and teach about the issues in the case.  Direct examination, at its best, is mentoring.  If you listen to and get to know your witness, break down some of the witness’s insecurities and concerns, offer pointed and sometimes tough suggestions and criticisms, and become a teacher in an unfamiliar area, your witness will testify confidently and persuasively on the subject matter.  View a PDF of the article in its entirety.