About Idaho Senior District Court Judge D. Duff McKee

Always on Trial

When examining a witness, there is no reason to take a pencil or pen to the podium. There is no need to take notes. A lawyer needs to pay attention to the witness, to look and listen to what is going on, and to observe the impact of every answer. He cannot do this while scribbling on his pad with his head down. The note-taking lawyers are legion who are so concerned with getting the answer down in their notes that they are not aware of the impact of their questions, or of the witness’ …