In a recent development, the American Bar Association (ABA) Standing Committee on Ethics and Professional Responsibility has issued a formal opinion, articulating concerns over witness “coaching”. This step is seen as an attempt to maintain the integrity of testimony while being aware of the nuanced difference between legal witness preparation and the undesirable influence on witness testimonies.
The issuance of this opinion assumes greater significance in the backdrop of the COVID-19 pandemic, which has drastically increased the adoption of remote proceedings. Such a setting possibly heightens the ambiguity around witness “coaching”, given the digital communication practices employed to prepare the witnesses.
It’s clear that ABA’s move is aimed at preventing issues in testimony brought by these unprecedented times and ensuring the procedural validity that the legal community worldwide upholds. It could steer the course of how legal professionals adapt to the era of remote proceedings and put to rest potential gray areas introduced by this mode of operation.
The details of the conclusions drawn by the ABA can be read in its recently published interpretation.