Witness Preparation is Okay

In the latest episode of his "Powerful Witness Preparation" podcast series, "Witness Preparation is Okay," Holland & Knight litigation attorney Dan Small shares how to overcome the misconception that preparing for trial is cheating the system. He outlines four issues that counsel needs to address with a witness to make them feel more comfortable about the preparation process: 1) preparation is normal and proper, 2) lawyers just want the truth, 3) be ready for questions about preparation and 4) explain privilege issues. Because privilege issues can confuse even experienced attorneys, Mr. Small takes a deeper look two court cases that clarified the scope of work product protection and sought to resolve tension with the Federal Rules of Evidence.