Ethical Witness Preparation

Holland & Knight Podcasts
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In the Ethical Witness Preparation" podcast series, litigation attorney Dan Small addresses the main ethical issues that arise in witness preparation. Mr. Small dives into the extreme case of perjured testimony, the four horsemen of the lying witness apocalypse, the Massachusetts example of approaching perjured testimony, preparation versus improper coaching and ethical conduct in the deposition room.

Episodes

  1. Ethical Deposition Conduct

    10/23/2023

    Ethical Deposition Conduct

    This episode was originally released on July 14, 2022 | In the final episode of Holland & Knight's "Ethical Witness Preparation" podcast series, "The Ethical Witness: Ethical Deposition Conduct," litigation attorney Dan Small discusses the importance of ethical conduct during a deposition. Mr. Small notes that lawyers must understand the rules governing conduct and be able to clearly explain it to the witness. He then provides a clear example of what not to do in a deposition, before examining three areas that raise the most common conduct issues.

    7 min
  2. Finding the Balance

    10/23/2023

    Finding the Balance

    This episode was originally released on June 30, 2022 | In the fourth episode of Holland & Knight's "Ethical Witness Preparation" podcast series, "Finding the Balance," litigation attorney Dan Small draws a parallel between witness preparation and translating different languages. Mr. Small also references the Restatement of the Law Governing Lawyers to emphasize the importance of telling the truth.

    6 min
  3. A Tortured Journey with the Lying Witness

    10/23/2023

    A Tortured Journey with the Lying Witness

    This episode was originally released on June 17, 2022 | In the third episode of Holland & Knight's "Ethical Witness Preparation" podcast series, "A Tortured Journey with the Lying Witness," litigation attorney Dan Small takes an in-depth look at a Massachusetts Supreme Judicial Court Rule and the impact it can have in civil and criminal cases.

    7 min
  4. The Four Horsemen of the Lying Witness Apocalypse

    10/23/2023

    The Four Horsemen of the Lying Witness Apocalypse

    This episode was originally released on June 2, 2022 | In the second episode of Holland & Knight's "Ethical Witness Preparation" podcast series, "The Ethical Witness: The Four Horsemen of the Lying Witness Apocalypse," litigation attorney Dan Small examines four strategies attorneys can use to avoid the perjury dilemma. He breaks down the pros and cons of each of these "Four Horsemen" — persuasion, narrative, withdrawal and disclosures — as well as explains how other states and courts have approached them.

    7 min
  5. The Extreme Case

    10/23/2023

    The Extreme Case

    This episode was originally released on May 19, 2022 | In the first episode of Holland & Knight's "Ethical Witness Preparation" podcast series, "The Ethical Witness: The Extreme Case," litigation attorney Dan Small begins a five-part series addressing the main ethical issues that arise in witness preparation. Mr. Small opens with a look at the extreme case of perjured testimony. He uses a real-life example from a divorce trial to show why witness preparation can be so difficult to do both effectively and ethically, especially under the pressures of a trial. He also points out that the truth may not always present itself, but there are better ways to communicate with clients to get them to say the right thing.

    5 min
  • 5 Episodes

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In the Ethical Witness Preparation" podcast series, litigation attorney Dan Small addresses the main ethical issues that arise in witness preparation. Mr. Small dives into the extreme case of perjured testimony, the four horsemen of the lying witness apocalypse, the Massachusetts example of approaching perjured testimony, preparation versus improper coaching and ethical conduct in the deposition room.

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