Few attorneys have the time or budget to do detailed preparation for cross-examination of every witness. And even if the budget makes it possible, time spent on other aspects of trial preparation will force counsel to take...more
Recently, in Sciarretta v. Lincoln Nat’l Life Ins. Co., the Eleventh Circuit Court of Appeals affirmed monetary sanctions against a non-party corporation for the bad faith preparation of its designated corporate witness....more
In an order issued after a post-conference call order, the U.S. Patent and Trademark Office’s (USPTO) Patent Trial and Appeal Board (PTAB or Board) denied patent owner’s request to file a motion seeking sanctions, suggesting...more
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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