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The Art of Questioning: Thirty Maxims of Cross Examination (PAPERBACK)
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Review
Peter Megargee Brown's delightful collection of tips on questioning for the litigating attorney should be almost as much fun for the layman. It is full of wit and wisdom and shrewd insights, and the chapters read like short plays. --Louis Auchincloss
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About the Author
Peter Megargee Brown began his legal career as assistant counsel to John Marshall Harlan on the New York State Crime Commission. After Mr. Harlan was appointed to the United States Supreme Court, Mr. Brown went on to become chief litigator for the New York firm of Cadwalader, Wickersham & Taft. In 1982, he founded his own law firm in New York, Brown & Seymour. He is a Past President of the Federal Bar Council and a Fellow of the American College of Trial Lawyers. He is the author of numerous books, including The Art of Questioning: Thirty Maxims of Cross Examination. He was educated at Yale College and Yale Law School and lives with his wife, the designer and author Alexandra Stoddard, in Stonington, Ct. The Peter Megargee Brown Papers, the legal papers of the author, comprising 303 bound volumes of his principal law suits over 50 years of practice in the United States Supreme Court and Appellate Courts, are available for the use of students and scholars and can be found in the Manuscripts and Archives section of the Yale University Library.
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Product details
Paperback: 155 pages
Publisher: The Lawbook Exchange, Ltd. (January 1, 2008)
Language: English
ISBN-10: 1584778636
ISBN-13: 978-1584778639
Product Dimensions:
6 x 0.4 x 9 inches
Shipping Weight: 9.6 ounces (View shipping rates and policies)
Average Customer Review:
3.4 out of 5 stars
11 customer reviews
Amazon Best Sellers Rank:
#1,977,280 in Books (See Top 100 in Books)
This book should be required reading for all trial advocates. It reveals, step by step, how both lawyers and non-lawyers can ask the right question and to get the answer they want. Effective inquiry, Mr Brown concludes, is a skill that can be learned to gain success in almost every line of endeavour. The key to the teaching of this art of questioning was the deep study of the various techniques employed by those professional masters who spent their lifetime developing incisive, searching questions for their law cases. As Sir Francis Bacon said, "A prudent question is one half of wisdom". Keep in mind that all questions need not be dead serious. We deserve some fun in life. Try to formulate and, if you can, write down your question. Keep it short and hone your inquiry. Leave out elliptical clauses, qualifying phrases, asides, irrelevancies, jokes and historical quotes and references. Go for the jugular. At the least, review your question two or three times in your head, including your emphasis. Cross-examination is the keenest test of truth and more penetrating than an affidavit. Emory R Buckner, a noted advocate, emphasized that preparation (or getting all the relevant facts before the start of the contest) was the trial's single most important event. Stated in its barest terms, Mr Brown's thesis is that if the witness hasn't hurt you, don't cross-examine. If you do cross-examine, have a specific objective in mind - prepare thoroughly to achieve your objective, and once you have accomplished it, sit down. Digest this book and your advocacy skills will increase dramatically.
As a student of the art of advocacy, I had read several articles or columns by the author. I ordered this without knowing quite what I'd get. I think that Peter Megaree Brown passes along a lot of solid advice. But whether one agrees with all of his maxims or not, Mr. Brown's storytelling is enchanting and his observations illuminating. The author recounts, among many other first-hand experiences, that when he was a young law clerk, Learned Hand used to come downstairs periodically to share with the law clerks his thoughts about successful advocacy. Hearing Judge Hand's observations from one who absorbed and applied them is, by itself, pretty much worth the relatively modest price of admission.
Half the book was giving credit to some case that someone won rather than being informative as to method of questioning. The information for learning that was for learning could have been contained in a pamphlet, unless you were wanting a history lesson.
This book presents anecdotal stories to make a point. But it fails to show how things ought to be done. Stated differently, it is a series of war stories, quite similar to Francis Wellman's The Art of Cross Examination. I would recommend Your Witness, advice given by 50 top Chicago lawyers, edited by Steven F. Molo and James R. Figliulo, and MacCarthy on Cross-Examination, by Terence F. MacCarthy.
Excellent
its ok
This is a nice little refresher handbook to have around at the law office. As with most books aimed at the legal profession, it's way overpriced. I'm not sure when I purchased this 1987 publication, but it had to be 1994 or 95 and I know it wasn't $18.95 then. Since reading it 20 years ago, I've gone to it probably 2 or 3 times for 2 or 3 minutes each time.Were this $5.95, I'd heartily give it 5 stars. But at $18.95(!), no way can I give more than 3.
Quite a short book, but with lots of thumbnail sketches of little maneuvers in law cases. It's not as good as one might wish for ascertaining useful techniques of cross-examination, but it is a subtle book, pointing out things that might not be naturally noted when dealing with a hostile (or defensive) person. My interest in this book originated with my criminal-defense lawyer brother, but since I am a philosopher, I have to argue with hostile students everyday. Thus, I could use some useful pointers on fruitful and effective questioning. I get the feeling this is a little book that should be reviewed every once in a while as a review of effective questioning. Definitely worth the price, and an easy read too.
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