Preparing Witnesses In Construction Cases


Originally published in The Dispute Resolver, September 2012

Not so long ago, persuading construction industry executives and managers that they needed extensive preparation before testifying in a legal proceeding was a battle. many confident, articulate executives were convinced they could just "go in and tell my story," and they were insulted by the notion that they needed some lawyer to prepare them. Too many experienced lawyers didn't push back.

Then came an explosion of high-???profile lawsuits and investigations, and with them a parade of highly successful corporate executives who proved to be very bad witnesses. Gates, Stewart, Libby, Kozlowski, Lay – the list goes on. Now, executives faced with the prospect of being a witness may wonder if there is some reason this happened, and if it could happen to them. The answers are "Yes," and "Yes." It happened because executives – and their lawyers – failed to understand that they were entering a different and dangerous world. In this world, it's not just about experience and intelligence. It's about preparation, and understanding the audience, the rules, and the "core themes" of the case. People who have already spent years mastering the corporate and construction worlds, must nonetheless understand it takes commitment, time and effort.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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