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Witness Preparation: When Does It Cross The Ethical Line?

Witness Preparation: When Does It Cross The Ethical Line?

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We all know lawyers have a duty to prepare witnesses to testify at trial or deposition.  Because the process takes place behind closed doors and cloaked in the attorney-client privilege, it is often referred to as the profession’s “Dirty Little Secret”. Despite the protections offered by the “Cone of Silence”, there are ethical obligations and lines that cannot be crossed. The general rule that you can instruct a witness “how to testify” but not “what to say”, often becomes blurred in the heat of the prosecution and defense of the controversy. This program will answer many questions,  including the following:

  • – When does “coaching” cross the line?
  • – How is witness preparation affected by a sequestration order?
  • – Can a witness be instructed  in law, in other words given “the lecture”,  before being asked what happened?
  • – Since words matter, can lawyers alter the words?
  • – Can lawyers change a witness’s appearance, demeanor or confidence?
  • – Can lawyers create memory or inducements to testify falsely?
  • Can multiple witnesses be prepared together?
Start Date:
  • November 18, 2021
Start Time:
  • 11:00 AM
End Time:
  • 12:30 PM
Ethics and Professionalism Credit(s):
  • 1.0
Skills Credit(s):
  • 0.5
Total Credit(s):
  • 1.5
Region:
  • Virtual Participation
Format:
  • Webinar
Product Code:
  • 0LM71
Section Member Price: $40.00
NYSBA Member Price: $50.00 Join (or renew) for special member pricing
Non-Member Price: $100.00
Sponsoring Committee Group
  • Commercial & Federal Litigation Section
  • Committee On Continuing Legal Education