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In few areas of the law are ethical issues so challenging and yet so inextricably linked with day-to-day practice as in witness preparation.

No matter how much time is spent in preparation, there is often still a lot a witness’s lawyer can do to help while the witness is being questioned.

Whatever the tone of the questioner or the questions, the witness’s response should always be the same: coolly, unflappably, relentlessly — even infuriatingly — polite and positive.

If the old saying is true — that he who writes the rules wins the game — then the No. 1 rule for any witness is to take your time.

Just as the political campaign mantra “It’s the economy, Stupid!” was designed as a reminder of what was most important, perhaps law schools should add: “It’s the client, Stupid!” to the inspirational Latin phrases that adorn their ivy halls.

To prepare a witness, lawyers must help the witness — and themselves — define, understand and bridge each gap between a witness's real-world experiences and the strange, unnatural world of being a witness.

Tagged with: Witness