The Ethics of Witness Preparation - The Professional Education Group

Course Summary:

“Navigating Ethical Witness Preparation” is a focused course designed to educate legal professionals on the critical ethical considerations surrounding the preparation of witnesses for legal proceedings, including depositions and trials. Developed by The Professional Education Group, the course emphasizes the importance of maintaining ethical boundaries while ensuring witnesses are well-prepared and can provide accurate and truthful testimony. It delves into the rules of professional conduct, potential ethical pitfalls in witness preparation, and practical strategies for conducting preparation sessions ethically and effectively. The course aims to equip attorneys and legal staff with the knowledge necessary to navigate complex ethical dilemmas and uphold the integrity of the legal process.

Target Audience:

This program is ideal for:

• Attorneys of all levels of experience.
• Paralegals and legal assistants involved in trial preparation.
• Legal educators and students seeking a deeper understanding of legal ethics.
• Anyone involved in the process of preparing witnesses for depositions, hearings, arbitrations, or trials.
• Legal professionals seeking Continuing Legal Education (CLE) credits in ethics.

Main Content:

The program typically covers key areas such as:

• The Legal and Ethical Framework of Witness Preparation: Examining relevant rules of professional conduct, case law, and ethical guidelines governing witness preparation.
• Distinguishing Between Permissible Preparation and Unethical Coaching: Understanding the fine line between helping a witness recall information and improperly influencing their testimony.
• Ethical Considerations in Disclosing Information to Witnesses: Navigating the appropriate scope of information to share with a witness prior to their testimony.
• Addressing Memory Issues and Refreshing Recollection Ethically: Learning techniques to help witnesses remember events accurately without suggesting false memories.
• Discussing Potential Testimony and Anticipating Cross-Examination Ethically: Preparing witnesses for challenging questions while ensuring their answers remain truthful and their own.
• The Prohibition Against Suborning Perjury: Understanding the absolute ethical prohibition against encouraging or allowing a witness to lie under oath.
• Ethical Obligations Regarding Witness Availability and Cooperation: Addressing issues related to witness communication and potential conflicts.
• Best Practices for Ethical Witness Preparation Sessions: Implementing practical strategies and techniques to conduct preparation meetings in an ethical and effective manner.
• Case Studies and Hypothetical Scenarios: Analyzing real-world examples of ethical dilemmas in witness preparation and discussing appropriate responses.
• Maintaining Proper Documentation of Witness Preparation: Understanding the importance of documenting preparation sessions ethically and accurately.