The Rules of Professional Responsibility speak to the ethical boundaries for a lawyer’s conduct in connection with witness preparation only indirectly. Rules 1.1 and 1.3 describe competence, diligence, and zeal; and Rule 3.3...more
Preparing your witness for a video deposition has a few more wrinkles—or more accurately, the ironing out of a few more wrinkles—than a deposition recorded only by stenography....more
Before you prepare a witness for trial, you should know precisely what you expect to accomplish through that witness. In other words, have a plan.
Your trial notebook should have a section for each witness that...more
It is 8 o’clock A.M., Alicia Florrick, star attorney on the “Good Wife,” a weekly television legal drama, meets a potential corporate client who within minutes retains her firm’s services. By 12 o’clock P.M. Noon, Alicia and...more
Investigators can be nerds. Some enjoy reading documents; others enjoy conducting witness interviews. Both are challenging tasks. Each requires a separate set of skills. Some investigators are able to master a document...more
This continues our series of blog posts on effective partnering between inside and outside counsel to defend against class action lawsuits. Here, we begin a discussion of the use of expert testimony.
In this series of articles, Mr. Small sets forth 10 time-tested rules to assist in the critical task of preparing witnesses.
The first rule for any witness, the rule from which all else flows, is to take your time....more
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...more
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