Rule 10: Use Your Counsel

• Author: Daniel Small
• Profession: Is a partner in the Boston and Miami of ces of Holland & Knight LLP
• Pages: 137-143

The rules of the U.S. Senate try hard to keep the lawyers of witnesses who appear

in front of Senate committees from saying anything. Yet, 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. A good lawyer will do everything

appropriate to provide that assistance. So when a senator tried to keep law-

yer Brendan Sullivan from talking too much during the Iran-Contra hearings,

he reportedly countered, “Senator, I am not a potted plant!” He reportedly

received 170 potted plants in the mail from trial lawyers around the country,

and the phrase became a symbol for lawyers actively representing witnesses.

One of the reasons we break the preparation process down into these

ten simple rules is that when counsel and witness use them in preparation,

they can communicate better during the questioning. In almost any pro-

ceeding short of a full-blown trial, your counsel can say things directly to

you or to the questioner. Good preparation with these rules can make that

communication far more effective and helpful, without requiring a long

discussion. Just remember two points:

1. Whoever your counsel is speaking to, he or she is really speaking to

you. If a question or comment is directed to the questioner (“What

do you mean by X?” “That’s a long time ago.”) or even to the court

reporter (“Were they speaking over each other?”), it’s partially for

your benet.

137

Chapter 23

Rule 10:

Use Your Counsel

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