Trial Tip: Effective Witness Impeachment
Jun 08, 2026I spoke recently with Tom Sharkey — a member of the American Board of Trial Advocates and a legend of the San Diego bar — when he was a guest on my Trial Alchemy™ podcast.
Tom shared some of the most practical wisdom I've heard on impeaching witnesses effectively. A few of his key points:
Pick your spots. Only impeach on material facts. Nitpicking minor inconsistencies doesn't persuade juries — it annoys them.
Be ready to strike instantly. If you're going to impeach, do it right now. Fumbling through papers looking for a deposition excerpt kills the moment and loses the jury.
Preparation is everything. Tom kept a yellow pad for every deposition — question, answer, page, line number — so if a witness deviated on the stand, he was on it immediately. Today, technology lets you flash that clip on screen the instant it happens.
Repetition changes behavior. Impeach a witness three or four times and something shifts. They know what's coming. As Tom put it: "You could say 'Fresh fish' and they'd agree with you."
In Tom's words: "It's not only a science, it's an art form. But preparation is the key — and it can be the difference between winning or losing a case."
Great insights from a truly exceptional trial lawyer. Click on the video above to hear Tom's tips on effective witness impeachment.
#TrialLawyer #Litigation #CrossExamination #Impeachment #ABOTA #TrialAlchemy
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Best regards,
Monty A. McIntyre, Esq.
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