Tiffany Rowe spoke on a panel about ethical witness preparation during the American Bar Association Litigation Section Conference in Boston.
Tiffany explored the ethical line between vigorous preparation and improper conduct, based on the ABA model rules of professional conduct. The panel examined how lawyers may ethically use outlines, mock examinations, and anticipated Q&A with client witnesses, contrasted with narrower limits on non-client witness interviews in connection with anticipated testimony.
The panel also addressed sequestration rules and guidance on when disclosure of expected testimony to a non-client is permissible and even highly desirable.
The ABA's annual Litigation Section conference brings together top litigation professionals to discuss timely legal issues and the latest in trial advocacy, litigation strategy, and case management.