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judge and the lawyers have. ���I always want more information than I get. The only information the judge has to base their analysis on is what witnesses say and the evidence that���s submitted.��� She suggested giving the judge a roadmap and providing information for context so judges get the full picture. In addition, Weintraub says it���s critical the witness ��� not the lawyer ��� tells the story during the examination in chief. ���The most important thing is to make sure that the witness is front and centre for the judge. Ultimately the strength of the case boils down to whether the witness��� evidence is going to be believed or not, and you want your own witnesses to be believed. That means letting the judge become comfortable with that person.��� Swan says counsel need to consider the difference between leading their witness and guiding them. ���At the beginning of an examination in chief, it���s perfectly appropriate to lead the witness on non-contentious background questions and as you get further into the examination, you can give the witness guide posts so they know what you���re talking about,��� he says. Kwinter also notes it���s worthwhile bringing out all of the weak points of your case during the examination in chief because it���s better than having opposing counsel doing it. Cross-examination During the cross-examination, Swan says questions need to be more carefully scripted and seek specific answers, but don���t start with the confession question. ���Work up the ladder to get to that point and ask the subset questions about which you think the witness will admit,��� he says. In doing so, however, Ontario Superior Court Justice Mary Lou Benotto says it���s not OK to read off your notes. It���s critical you���re attentive to the judge, says Swan. ���As you���re examining or cross-examining a witness, as counsel you should be looking at the witness but you should also be frequently looking over at the judge to see how the judge is reacting to the evidence. That may be as simple as does the judge need help finding the document that you���re on? Is the judge troubled by something? Is the judge distracted and not listening because he���s looking for something else? So you do have to monitor what the judge is doing. You should be almost as alert to the judge as you are to the witness,��� he adds. Bryan Finlay, a partner emeritus at WeirFoulds LLP, says, ���Re-examination is a bit like dismantling a bomb.��� He advises not to spook the client, but to be realistic with them so they���re prepared, which includes getting them to reveal all of their skeletons to you. And finally, the panellists recognize the litigation process can be intimidating ��� not only for the witnesses ��� but as their lawyer you will need to buck up. ���There are times when you have to be fearless even if it is a little bit out of your comfort zone when examining a witness,��� says Swan. Impossible? Possible! We bring new meaning to ip. Seeing opportunity instead of obstacle. So often the difference between success and failure. The lawyers at Dimock Stratton have a proven track record of thinking outside the box and getting results ��� often setting precedent in the process ��� for their clients. If you���re looking for winning ip representation, look no further than Dimock Stratton. Click on read about our rankings and recognition from our firm profile page at dimock.com to find out more. Dimock Stratton llp experience. results. 20 Queen W. 32nd ���, Toronto | 416.971.7202 | dimock.com www.CANADIAN orbitec_CL_Apr_13.indd 1 13-03-18 8:56 AM ntitled-1 1 L a w ye r m a g . c o m April 2013 45 13-03-06 3:46 PM

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