Follow the Rules … Most of the Time

Sometimes, it can pay off to bend the rules. In this episode of his "Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small reflects on his experience prosecuting the Farmer's Export grain elevator explosion case. He recalls how the defense's grain dust expert struck him as "too brief" and "too smooth." Trusting his instincts rather than simply following standard procedure, he began to rigorously question the witness during cross-examination, asking both open-ended and leading questions to test his expertise. After more than an hour of persistent inquiry, Mr. Small was able to reveal that the expert was not as knowledgeable as he initially seemed, resulting in the breakdown of a key part of the opposing side's case.