Conclusion

• Author: John Hollander
• Pages: 123-124

conclusion



chapter seven

Conclusion

MaStEry Of tHE discovery process is an ongoing exer-

cise. Nothing exemplied that to me more than an exam-

ination for discovery I conducted just as I nished this

handbook. I examined the main defendant, and my very

experienced opponent examined my clients. I set out to

implement several of the dictates from these chapters, but

once I began, I promptly went “o-script.” In doing so, I

relied upon my innate skills to follow where the witness

led me. I found that I began every subject with a general

open question (with a headline) and a brief exchange of

open questions with responsive answers. As I heard an

answer that led me to exploit an opening, I switched to

destructive mode and cross-examined with short ques-

tions. Each sequentially led to the conclusion I sought.

But what made this process successful was my prepar-

ation, a point that has been emphasized throughout this

handbook. Documentary evidence was cross-referenced

throughout my outline, and although I had several “ve

and outs” sketched in, I rarely used them. My own prac-

tice was to engage in constructive open questions to start,

and then destructive closed questions to nish each point.