Houston, TX commercial litigation attorney David Berg talks about the key to effective cross examination. He explains that his approach to cross-examination was learned the hard way. It doesn’t take long to grasp if you truly listen and have experience, but you keep improving over time. The key, he says, is control: controlling the witness so the witness doesn’t control you.

He breaks down unresponsive answers—what often throws young lawyers off—into quibbles, speeches, and recastings. For example, a witness might try to twist a question: “Mr. Berg, you don’t want to know the value of the property, you want to know the cost.” He responds firmly: “No, I asked you about the value, Mr. Witness.” Learning to control witnesses who dodge or refuse to answer directly is essential. Jurors and the judge need straightforward answers. He likens it to asking a child if they did their homework and getting, “Well, I brought home my book.” You instantly know the truth is being skirted.

Above all, he emphasizes staying calm. He references a study from the 1960s on great baseball players—Mickey Mantle, Ted Williams, Stan Musial—and modern examples like Tiger Woods. These athletes exhibited “zen-like focus,” reading the seams on the ball. Similarly, a trial lawyer must “read the seams” on testimony: listen carefully and avoid panic.

He recalls unexpected answers he’s received. Once, during jury selection, he asked a panel about punitive damages. An elderly man in the back responded, “Son, why do you need all that money?” He notes that every lawyer has moments like this—answers that slip past your mind like your medulla oblongata. The key is to remain composed.

He concludes that there’s much more to mastering cross-examination, and those interested can see the full techniques in his book.