possible to prepare your witnesses not to talk to the other
side, and still stay within legal and ethical boundaries.
This legal form handout gives you the language you can use.
Witness preparation: telling all your witnesses
talk to the other side.
Telling witnesses not to talk to the other side gives you:
- Short statement of the legal boundaries to stay within. A
short outline of the legal/ethical points involved in telling a witness
not to talk to the other side tells you of pitfalls to avoid in that
discussion with the witness!
- Form to hand your witness. A good legal
form saves you time. Don't reinvent the wheel when someone else has
already spent hours drafting the language you need. Plus, don't waste time when
you do the same thing with all your witnesses.
- A "Best Practice. Memorialize that your oral discussion
with a witness, regarding talking to the other side, was within legal
and ethical boundaries. Use a written handout to give the witness.
Here's the legal problem, and how you can
solve it. Problem: in all
states, ethically and legally a lawyer may not request a person to
refrain from voluntarily giving relevant testimony or
information to another party, unless:
a. The person is the lawyer's client in the matter; or
b. The person is is a relative or
employee of the lawyer or the lawyer's client (and even
then then are two pitfalls for the lawyer who does not
know what she is doing).
Solution: you can use "information" instead of a "request"
to accomplish the same objective, and stay out of trouble.
That's the point of our legal form
#WIT5102 Telling witnesses not to talk to the other
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Copyright © 1998 to 2013by Leonard Bucklin.