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Ethics of Working with Witnesses: Teleseminar
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When: Friday, January 19, 2018
Dial-in: 12:45 PM | Program: 1:00 PM - 2:00 PM
Where: Teleseminar: WebCredenza

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These telephone seminars are presented by national speakers who are experts in their areas of practice often ABA Section chairs, authors of books in their areas of practice, and heads of practice groups.

Litigation often turns on the testimony of witnesses. Preparing them is a central focus of attorneys, whether witnesses are parties, fact witnesses or experts. But preparing them before their testimony or conferring with them during breaks in their testimony is a full of ethical traps. Expert witnesses are paid for their time, not their testimony. Though they may be engaged to support a particular view of the facts, there are real limits to how experts can be coached. There are also real limits to how attorneys can prompt fact witnesses, for instance to “not remember” unfavorable facts. There are also significant ethical challenges involving how to handle inadvertently produced privileged documents and when testimony goes in a sharply unexpected direction. This program will provide you with a practical guide to the ethical issues and traps of working with witnesses.

  • Ethical issues in preparing and examining witnesses for litigation
  • Dishonest witnesses – what are your obligations to the court and your client
  • Understanding the essential difference between paying witnesses for their time versus their testimony
  • Conferring with witnesses during deposition breaks and the limits of what you advise
  • Prompting a witness to “not remember” unfavorable testimony
  • How to handle the inadvertent production of privileged documents
  • Drafting witness affidavits without interviewing the witness

John M. Barkett, Shook, Hardy & Bacon, LLP – Miami
Bruce Green,
Fordham Law School – New York City
Paul Mark Sandler, Shapiro Sher Guinot & Sandler, PA – Baltimore

MSBA Standard Member: $69
Non-Members: $99


Once registered, you will receive an email confirmation from the MSBA containing a toll-free telephone number to call on the day of the seminar.

Prior to the seminar or on the morning of the seminar, you will receive an email with a .pdf containing the materials for the program to download to your desktop or mobile device.

Members and Non-Members need to log in to see the proper registration fees.

  • Members: If you are a member of the MSBA, please sign in to receive the member rate.
  • Non-Members & Non-Attorneys: If you have attended any MSBA event in the past, you have an account with us. If you do not know your username or password, please call the MSBA. We will provide you with login credentials so you can register online.
  • If you have never attended an MSBA event: Please call the MSBA or mail or fax this registration form to register.

Full refunds will be given to those who cancel by 4:30 p.m., 5 working days prior to the program. Registrants who cancel after this deadline but prior to the program date will be charged an administrative fee of $15 per credit hour. A link to download and print the materials will be sent to those who fail to cancel in advance.


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