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29 Pass It On: Newsl. Gov't & Pub. Sector Law. Div. 1 (2019-2020)

handle is hein.journals/passit29 and id is 1 raw text is: By Ted Hirt itness preparation is one of the most challenging tasks for an attorney. But effec- tive preparation-whether for a deposition, an investigation, or a trial-is well worth the time spent with the prospective witness. Be Prepared First and foremost, attorneys must set aside a significant amount of time to prepare for a witness meeting. Attorneys should carefully review the substantive issues involved, create a detailed outline of questions and organize case documents to review with the witness. Witness preparation cannot be approached casually. Attorneys should also prepare to manage a reluctant or very busy witness. Recognizing that a witness may have many compet- ing time commitments, the attorney must accommodate a witness while also communicating the importance of the legal proceeding. Sometimes govern- ment officials who are witnesses are so busy and are pulled in so many different directions, says Greg Brooker, an Assistant United States Attorney for the District of Minnesota. They do not necessar- ily view being involved in your case as real work and they may not plan to give your case the attention it needs. It's your job to convince them to focus on their testimony. Brooker also cautions that attorneys should listen to their gut feelings about whether an individual will make a good witness. Sometimes you know right away when some- one is going to be bad witness. Maybe the person is too chatty, or conversely, maybe the person withholds details and information, he said. In either instance, the witness is going to require much more preparation. Some attorneys believe that in preparing for a witness, it is essential to check his or her social media profile and, if feasible and appropriate to the circumstances, even to do a criminal background check. Review of a witness' brand on social media may be a fertile area for cross-examination of your witness. Take the time to complete this step. You don't want information gleaned by your opponent to surprise you. Help the Witness Focus Schedule the preparation meeting at a time that allows the witness to focus. Joan M. Burke, Executive Director of the Medical Practitioner Review Panel for the New Jersey State Board of Medical Examiners, likes to ask witnesses what time of day works best for scheduling a prep time. Some people do best in the mornings while others do better in the afternoon, she said. Since a witness can be nervous when first starting the process, I usually encourage the preparation to occur when they are at their best, thereby allowing for the session to be more meaningful. The witness will be more eager to participate, retain information, and understand the session. The witness should not be diverted by phone calls, emails, or other business demands. It may be useful to hold the session at the witness's place of employment so that documents that may need to be reviewed are accessible, but the meeting room should be insulated from outside distractions or demands for the witness's time. Number 1, Fall 2019. © 2019 by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof i any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.

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