One of the most important skills of cross examining a lay litigant

One of the most important skills in the cross examination of a witness is the ability to recognise when to press and when to back off.

This is especially important in a forum like the WRC (Workplace Relations Commission) where you are likely to encounter lay litigants conducting their own case.

You may well be able to tie them up in knots and put them under tremendous pressure and show them up as pursuing a bogus claim or unstateable argument.

But sometimes you are better off letting them go right ahead. Because they will do your job for you on many occasions and persuade the adjudication officer of the emptiness of their claim.

Thus, putting them under pressure and making fools of them in front of your client may give you a sense of self congratulations and satisfaction.

But may not be the best strategy to ultimately win the war in this particular case.