By Elliott Wilcox & Joe Bodiford
In music, it’s not just the notes that create the tune. It’s also the length of the notes and the empty spaces between them that define the music.
You immediately recognize one of John Williams’s most iconic scores because of a two notes played by the string bass:
Duuuuuuun-dun.
The shark's theme from Jaws. You recognize them because of the tempo, pacing, and dramatic rhythm that make the music instantly memorable. Those two notes repeat for a while, slowly building by shortening the space between their soundings. Then they get into a steady,driving rhythym . . . dun-dun, dun-dun, dun-dun . . . The higher strings and horns join in to create a terrifying frenzy - all before the shark even attacks. Horrifying and brilliant, all at the same time.
Tempo affects more than just the mood of a symphony; it dictates the difficulty level of the performance. The faster the tempo, the livelier the tune, and the greater the difficulty for the performer. The slower the tempo, the more somber the music, and generally, the easier it is to play.
But tempo isn't just for musicians. It’s a fundamental tool for anyone performing under pressure, including trial lawyers.
The "Hurry-Up Offense" in the Courtroom
The effects of tempo are visible in almost every high-stakes arena. In the NFL, when an offense increases the tempo and goes no-huddle, it can completely throw the opposing defense off its game plan.
Whenever you force someone to do something faster, whether it’s juggling, talking, or typing, they are prone to making more errors. In those situations, defenses begin missing assignments, blowing coverages, and losing track of personnel. Why? Because they can't control the tempo of the game.
As a trial lawyer, you have to ask yourself: Who is controlling the tempo of your trial?
Most importantly, who is controlling the tempo of your cross-examination? Often, the success of your cross-examination is determined not by the questions themselves, but by the speed at which they are delivered.
The Power of Speed: Controlling the Story
To successfully cross-examine, you need to be "quick" (bearing in mind what Coach John Wooten said: "be quick - but don't hurry"). Increasing the pace of your questioning allows you to control exactly what story gets told to the jury. If a witness is lying, they need time to construct that lie and ensure it fits within the framework of their previous testimony.
The faster your questions pummel them, the less likely they are to maintain those lies. By controlling the pace, you deny the witness the time they need to fabricate responses. In short: Control the tempo, and you control the cross-examination.
The James Woods Masterclass
A perfect example of tempo's power was demonstrated in the pilot episode of the early 2000s TV show Shark. Sebastian Stark (played by James Woods), a celebrity defense attorney-turned-prosecutor, is training his protégés. He explains that they must make the defendant lose her self-control on the stand.
When an assistant prosecutor doubts a smart defendant will "lose it," Stark steps in to demonstrate:
Stark: Ms. Troy, how old are you?
Troy: 29.
Stark: How many men have you had sex with?
Troy: What?!?
Stark: Your honor?
Judge: The witness will answer.
Troy: I have no idea.
Stark: More than 50?
Troy: I don't... of course not.
Stark: 30? Am I getting closer?
Troy: You may keep a running count, but I don't.
Stark: Have you ever contracted a venereal disease?
Troy: [Silence.]
Stark: Have you ever contracted a venereal disease?
Troy: Once... In college.
Stark: So you enjoy unprotected sex then?
Troy: I was 20 years old.
Stark: Ever engage in S&M? Bondage? Sex with another woman? Multiple partners?
Troy: Know what? I'm done!
Stark: Is that a crucifix around your neck?
Troy: Don't go there!
Stark: Are you a practicing Christian?
Troy: Yes.
Stark: Would you say you understand the teachings of your church?
Troy: [Silence, but no room to answer anyway]
Stark: How do you reconcile that with your wanton promiscuity?
Troy: [Leaping to her feet]: You don't know the first thing about me! You are still a low-rent ambulance-chasing son-of-a-bitch!
Stark: No more questions, your honor.
In this scene, the "notes" (the questions) weren't the most important part. To be sure, in a real courtroom, many of those questions would be objectionable. What matters for this example was the relentless tempo. There was no room to breathe, no room to think, and no room to retreat. The silence that occurred was planned and weaponized.
How to Reclaim Control of the Clock
You don't have exclusive control over the tempo: the witness will try to take it from you. Witnesses slow the tempo by:
- Pausing before answering.
- Adding "innocuous" comments or "fluff" to their answers.
- Asking you to repeat or restate the question.
As the examiner, you must counter these tactics. If they pause, you can make it appear as though they are "crafting" a lie. If they add fluff, you can use tight, leading questions that make any answer besides "Yes" or "No" look like an attempt to evade the truth.
The Secret to Being "Quick"
Being quick isn't just about talking fast; it starts long before you enter the courtroom. If you are fumbling through boxes or searching for notes to impeach a witness, your tempo is dead. To be quick, you need:
- Sharp Memory: You must know your facts inside and out.
- Instant Access: You need your impeachment material ready for immediate recall.
- Rapid-Fire Delivery: The ability to move from one fact to the next without hesitation.
Think back to law school. You mastered the art of "cramming": taking a semester’s worth of data, organizing it, and spitting it out coherently. Trial work requires that same skill. You must cram facts, figures, previous statements, and spatial comparisons into your head so they are available for instant recall.
Tools like eLEX Summary Trial Guides and Trial Notebooks are designed specifically for this. They allow you to stay organized so your mind can focus on the rhythm of the room, rather than searching for a page number.
Conclusion: Your Symphony Masterpiece
A great cross-examination is a composition. It requires preparation, timing, and a deep understanding of human psychology. Before your next trial, don't just think about what you’re going to ask: think about how fast you're going to ask it.
Control the tempo, deliver your questions with precision, and your cross-examination will be a masterpiece.
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