National Institute for Trial Advocacy publishes Professor Gary S. Gildin’s ‘Embracing the Evasive Witness’

CARLISLE, PA—The National Institute for Trial Advocacy included Professor Gary S. Gildin’s contribution, “Embracing the Evasive Witness,” in its just-released Collective Wisdom: Witness Control.

Gildin explains why trial lawyers must expand their arsenal of cross-examination techniques to include how to control the witness who refuses to directly answer a one-fact leading question. Gildin asserts that three ill-fated ways of responding to witness evasion are borne of the belief that we have failed in the primary task of cross-examination—controlling the witness. Instead, Gildin argues, we must embrace evasion as a predictable and beneficial aspect of cross examination. Gildin then lays out three techniques that will maintain unbroken dominion over the fleeing witness: Accepting the Blame, Rinse and Repeat, and Flip the Fact. The article may be accessed by clicking here.

NITA’s Collective Wisdom series compiles articles by experienced trial lawyers and advocacy professors. NITA has previously included four of Gildin’s works in its Collective Wisdom releases:

• “Motions In Limine: The Indispensable Plan B,” published in Collective Wisdom: The Evidence Rules as Litigator Tools. Jules Epstein ed. (National Institute for Trial Advocacy 2025) https://www.nita.org/s/product/collective-wisdom-the-evidence-rules-as-litigator-tools/01tUm000009Mau5IAC.

• “KISS (Keep It Simple, Stupid) 2.0: TOTS (Tell Only the Story),” published in Collective Wisdom: The Opening Statement Song (2024) https://www.nita.org/s/product/collective-wisdom-the-opening-statement-song/01t4W00000CP0vqQAD

• “The Neuroscience of the Teaching Expert,” published in Collective Wisdom: Expert Witnesses. (2023) https://www.nita.org/s/product/collective-wisdom-expert-witnessesthoughts-and-strategies/01t8a000008TGqTAAW,

• “It’s the Story, Stupid” published in Collective Wisdom: One Bit of Advice (2021) https://www.nita.org/s/product....

Professor Gary S. Gildin teaches courses in Trial Advocacy as well as Advanced Persuasion. Both courses rely on recent findings in neuroscience to adapt the substance and techniques of advocacy to judges, jurors, and policymakers to align with how their brains will process information and reach a decision. Professor Gildin is co-founder of Trial Story LLC, drawing on principles of neuroscience to consult with and train lawyers to find the single strongest story that the trier of fact will find not only predictable, but inevitable.