Witness testimonies are a vital part of any court trial or deposition. Preparing them adequately leads not only to a fair, just legal proceeding but also improves the chances of achieving your client’s desired outcome. However, there are extremes when it comes to preparing witnesses. One of them, at one end of the spectrum, is woodshedding.
Woodshedding, despite ethical considerations, can potentially compel lawyers to adopt a “Here’s what you need to say…” approach. It might also take a different form where the attorney responds to their questions, expecting the witness to replicate the answer. This approach, however, can have dire consequences as it crosses the bridge from preparation into manipulation.
A different approach focuses on the facts, ensuring a witness provides the best answer that the facts allow within the legal context. As highlighted in a recent JD Supra article, witnesses must be adequately prepared to answer questions truthfully while firmly grounded in the facts of the case.
An emphasis on such preparation helps witnesses to avoid the less savory implications of woodshedding and yet carefully and methodically detail their recollection of the events under question. It avoids placing witnesses in precarious or damaging situations, which could potentially jeopardize the integrity or outcome of a case.
In summary, the best approach to witness preparation is ultimately one that respects ethical boundaries, prioritizes the facts of the case, and enables a truthful, effective, communication of those facts. Ajax-Loader.gif
Witnesses, take this as your North Star: The best answer the facts allow.