The Witness Bill of Rights

• Author: Daniel Small
• Profession: Is a partner in the Boston and Miami of ces of Holland & Knight LLP
• Pages: 209-212

When I spoke in chapter 8, “Preparing Ourselves,” of the challenges of prepa-

ration that lawyers face, I referenced the Three Cs: control, credibility, and

condence. The Ten Rules teach a discipline that helps a witness establish

control and credibility. Hopefully, they lead to condence, but for many

witnesses that can be a far more elusive goal. So much is being required of

them that they may feel overwhelmed. They may feel that everyone seems

to have rights and powers except them. It’s a downward spiral; some degree

of condence is vital for control and credibility, and vice versa.

For such witnesses, as a reward for the hard work of preparation, I have

with air and ourish handed them the Witness Bill of Rights, which sim-

ply takes the ten instructive rules and turns them into ten afrmative rights.

These are not legal rights formally set forth in some statute or case. Rather,

they are based on fairness and common courtesy. I call them rights because

the witness must demand them—the witness must require them from the

questioner through these rules. Few questioners will offer them unbidden.

These rights, with brief explanations, are set forth next.

1. You Have the Right to Control the

Pace of Your Testimony

(Rule 1: Take Your Time.) This is the essential foundation for clear, fair,

truthful testimony. Anything else is grossly unfair to the witness. Control

the pace; slow down.

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Chapter 35

The Witness Bill of Rights

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