August 21, 2025


Strategies for Dealing with the Obstinate Witness: A Trial Lawyer’s Guide

Every courtroom drama involves at least one: the obstinate witness, seemingly bent on denying the most obvious of truths. This type of witness can be a nightmare for trial lawyers, refusing to acknowledge even the clearest facts or prior statements. However, their stubbornness can actually play into the hands of a well-prepared attorney.

Understanding the nature of an obstinate witness is crucial. Such witnesses might argue every point, avoid straightforward answers, and manipulate the dialogue to avoid conceding any ground. This behavior could stem from fear, deliberate coaching, or inherent personality traits. Regardless, jurors tend to view this evasiveness as a sign of dishonesty, seeking instead clarity and truth in testimonies.

Effective cross-examination strategies are key to managing an obstinate witness. Being thoroughly prepared with all relevant records and facts allows a lawyer to confront and counter any denials of apparent truths. The questioning should begin with undeniable facts to establish a baseline, making any subsequent denials appear unreasonable.

Several tactical approaches can be employed: 1. The Step-Ladder Approach: Begin with trivial truths and gradually progress to more significant issues, showcasing the witness's dishonesty incrementally. 2. The Boxing-In Approach: Structure the questions so each response from the witness limits their subsequent options, highlighting their evasiveness. 3. Repeat and Stay Quiet: By repeating the same question and following up with silence after a refusal, the emphasis is placed on the witness's evasion. 4. One Fact Approach: Simplify questions to bare facts, forcing the witness to confirm or deny one point at a time.

Moreover, framing questions that jurors can answer themselves turns them into active participants in the courtroom drama, aligning their perception with the reality presented by the evidence.

Handling a witness who tends to give lengthy, irrelevant answers requires firm interruptions and sticking to the script. Questions should be short, clear, and designed to receive affirmative answers. Strategic use of silence after a witness's denial can also accentuate their reluctance to engage honestly.

In conclusion, while an obstinate witness might initially seem like a barrier to justice, a skilled lawyer can turn this to their advantage. By methodically breaking down the witness's defenses and highlighting their lack of credibility, the attorney not only discredits the witness but also strengthens their own case. In the courtroom, as in many areas of life, sometimes letting the liar lie is the best strategy.