Description
John Henry Wigmore said that crossexamiinatio was the “greatest legal engine ever invented” for liberating the “truth” at trial. But far more often than not, the truth is tucked away in settlemeent and plea bargains. Thus, the “great engine”—to borrow a delightful phrase from Winston Churchill’s marvelous book on the retaking of Khartoum in 1898, The River War—rarely tastes oil. Even in those few cases that go to trial, Wigmore’s vision of the “great engine” has faded. Simply put, most lawyers’...

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