Direct Examination: To Lead or Not to Lead

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small explores how to avoid asking leading questions during direct examination. The Federal Rules of Evidence state that lawyers should not use these types of questions when examining a witness, except when necessary to develop the witness' testimony. Mr. Small recommends using concise and straightforward "W" questions — who, what, when, where, why and how — to allow witnesses to freely share their story without shifting the jury's focus to the attorney. For more, visit: https://hklaw.admin.onenorth.com/en/insights/media-entities/2024/04/podcast-direct-examination-to-lead-or-not-to-lead