Book Review: Cross-Examination: The Pinpoint Method

Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review (CLLR). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD), and its reviews cover both practice-oriented and academic publications related to the law.

Cross-Examination: The Pinpoint Method. By Kyla Lee. Toronto: LexisNexis, 2021. 135 p. Includes table of contents and index. ISBN 9780433514329 (softcover) $150.00.

Reviewed by Joanna Kozakiewicz
Reference Librarian
City of Toronto, Legal Services Division
In CLLR 47:1

Cross-Examination: The Pinpoint Method, written by criminal defense lawyer Kyla Lee, is a practical and engaging guide to a method of cross-examination developed by the author over the course of her career. Throughout the volume, Lee paints a picture of the technique with a metaphor of a needle and thread making a quilt.

The book begins with a detailed chapter on preparation that will pique the interest of list makers and note takers. Lee emphasizes the importance of preparation of both the ins and outs of one’s case, as well as the physical preparation of lists and binders and the order in which to present the information. As thorough as I found this chapter, I did find some specific details missing. For example, the author mentions an unnamed web-based application that searches social media comments and suggests that online court filing databases can be useful for a lawyer’s preparation. While it is understandable that there is constant change in technology, specific names or an overview of these tools would be helpful, as inquiring legal librarians would like to know.

Additionally, given that lawyers cross-examine witnesses from a variety of fields, there was no deep discussion on how to prepare for cross-examination in an unfamiliar subject area other than brief mentions to do the research to familiarize oneself. As stated on her website, the author was trained in the operation of the breathalyzer used by police in British Columbia, so touching on her own experience and providing ideas on how lawyers can seek out such knowledge would have been helpful.

The only chapter to take on a more academic tone was Chapter 2, “Dancing on the Head of a Pin: Ethics in Cross-Examination,” which was interesting to read in light of recent sexual assault trial controversies. Lee goes into detail, and the amount of information and nuance that goes into questioning witnesses is at times dizzying. Subsequent chapters cover the cross-examination technique itself and get into the nitty-gritty of questioning. From setting up your witnesses to structuring and organizing the order of your questions, the topics covered are numerous.

If there’s one thing this book teaches about the state of legal education, it’s that knowledge of psychology would certainly be valuable. Taking on the persona of a bumbling oaf to get a witness’s guard down, pitting witnesses against each other, and carefully selecting your words to avoid unintentional signals are just a few of the techniques mentioned. Chapter 5, “Pricking Yourself: Handling Difficult Witnesses,” was captivating. The author shares tips on how to manage the “if you say so” witness, the “I don’t remember” witness, and even the over-talkers that frequently plague female lawyers. Lee is well versed not only in understanding the typical behaviours of witnesses but also in how to respond to one’s advantage.

One critique I have about the book is that, with all the material packed into a slim volume, a visual break in the format, such as a more focused introduction and a listed summary at the end of each chapter, would help readers better absorb the information. Despite some of the above critical comments, the book was well written, engaging, and an enjoyable read on a skill that is critical to the success of any litigator.

Cross-Examination: The Pinpoint Method would be a welcome addition to a courthouse, public, or law school library’s collection. It would also be of use to any lawyer who wants to brush up on or expand their cross-examination skills. While it comes from the perspective of a defense lawyer, a potential expert witness or police officer who routinely provides evidence would gain a lot of insight into the tricks of the trade.