No theory of the case
Do not begin without identifying the factual and legal issue each line of questioning is intended to address.
Broad invitations to repeat the complaint
Open-ended questions may allow a witness to repeat and reinforce damaging allegations. Use focused questions when appropriate.
Unsupported allegations
Do not allege fabrication, forgery or fraud without a factual basis and a defensible evidentiary route.
Irrelevant personal questions
Questions unrelated to the transaction or a legally relevant issue waste time and can undermine credibility.
Ignoring documents
Read the cheque, bank memo, notice, postal record, ledger and pleadings together. Inconsistencies should be grounded in the actual record.
Assuming one defence always wins
A blank cheque, security cheque, lack of a written agreement or alleged cash transaction is not an automatic answer. The legal effect depends on evidence and law.
The advocate should reassess the defence after each material answer and follow the court’s rules and directions.
PROFESSIONAL INFORMATION
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