Preparing Witnesses: A Practical Guide for Lawyers and Their Clients

Index

• About the Author
• Acknowledgments
• Introduction
• Please Raise Your Right Hand...
• Why Tell the Truth?
• The Gaps
• The Perception Gap
• The Audience Gap
• The Conversation Gap
• The Control Gap
• Preparing Ourselves
• Understanding the Audience
• Three Mistakes Witnesses Make
• Seven Mistakes Lawyers Make
• What Preparation Means
• Basic Principles
• Rule 1: Take Your Time
• Rule 2: Always Remember You Are Making a Record
• Rule 3: Tell the Truth
• Rule 4: Be Relentlessly Polite
• Rule 5: Don't Answer a Question You Don't Understand!
• Rule 6: If You Don't Remember, Say So
• Rule 7: Don't Guess
• Rule 8: Do Not Volunteer
• Rule 9: Be Careful with Documents and Prior Statements
• Rule 10: Use Your Counsel
• Making an Impact
• Adapting to the Situation
• The Deposition Witness
• The Grand Jury Witness
• The Trial Witness
• The Party Witness
• The Expert Witness
• The Corporate Representative Witness
• The Physician as Witness
• The Criminal Defendant
• The Ethics of Witness Preparation
• The Witness Bill of Rights
• Conclusion
• Appendix A. Sample Witness Outline
• Appendix B. Witness Preparation Summary Handout
• Appendix C. How Are Things in Russia?
• Appendix D. How Was Your Flight?
• Appendix E. How Are Things at the Hospital?
• Appendix F. Witness Bill of Rights