Witness Preparation

News & Analysis as of

12 Must-Do Tasks Before Cross-Examination

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

“The Good, the Bad and the Ugly”: Preparing Your Corporate Representative for Deposition

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

Board to Parties: “Call Me” - FLIR Systems, Inc. v. Leak Surveys, Inc.

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

Witness Coaching: Blurred Lines

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

5 Tips for Preparing Your Witness for Video Deposition

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

Make a Plan for Each Witness

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

Are The Wheels of Justice as Speedy as Portrayed on the Good Wife?

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

Let The Games Begin: Conducting Witness Interviews (Part III Of IV)

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

Strategies In Class Action Engagement: Third-Party Depositions

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. Occasionally,...more

Powerful Witness Preparation

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

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...more

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