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 See more +

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. He also notes that asking leading questions can leave a negative impression on judges, which can be fatal to a lawyer's case. He emphasizes that by refraining from asking leading questions, the overall case can be strengthened. See less -