Rule 10: Witnesses Need to Use Their Counsel

In the latest episode of his "Powerful Witness Preparation" podcast series, "Witnesses Need to Use Their Counsel," Holland & Knight litigation attorney Dan Small concludes his in-depth, 10-part series on the rules for witness preparation. The final rule concerns four crucial ways a lawyer can help a witness while they are on the stand. Lawyers and witnesses should be clear about their relationship and remain vigilant about protecting privilege. Witnesses should be encouraged to take breaks early and often, and when their lawyer makes an objection, they should stop, listen closely and wait before continuing. Finally, in some forms of testimony, witnesses and counsel have the opportunity to review the transcript and submit an errata sheet, an opportunity that should not be ignored. Above all, Mr. Small says, no matter how much time is spent preparing a witness, there is still plenty counsel can do to help them during questioning, and a good lawyer will do everything to provide that assistance.