What are significant ethical and other considerations that you need to be aware of in working with witnesses?

Question

Quizplus · Accepted Answer

The Answer is It is unethical for an attorney or attorney's agent to tell a client what to say to answer questions, either at deposition or at trial. To do so greatly influences the witness, and may unintentionally lead to perjury or cause the witness to believe that you or the attorney condones such dishonesty. Even if you or the attorney knows a particular answer is true, specific answers should not be suggested. Any breach of this ethical standard is extremely serious, and the slightest implication of impropriety can be damaging to the case and the reputation of the attorney. This admonition applies to the substantive part of an answer. It does not, however, apply to a nonsubstantive preface to an answer. For example, it is not uncommon for an attorney to ask a question that states facts not yet proven. Rather than have the deponent answer the question as if the facts were true, it would not be unethical to coach the client to say, "assuming your facts are correct," as a preface to a substantive answer.
In going over questions that might be asked the witness, watch for questions that call for privileged information or the attorney's work product. Such matters should be called to the attention of the attorney so the client can be instructed accordingly and any necessary protective orders can be sought.
When working with a witness as opposed to a client, many of the same suggestions apply. One additional suggestion is to stress to the witness the importance of impartiality. If the witness appears too sympathetic to the client or too eager to help, it may cause the jury to question the reliability of the witness and possibly discount the testimony.
It is not a good idea to have witnesses, including clients, review documents and recorded statements prior to depositions or trial. The other side is entitled to a copy of a document that a witness has reviewed to refresh his or her memory of the events. Such a document can be damaging and especially useful to the opposition for impeaching the friendly witness. The best approach is to try to get the client to recall facts by asking questions and discussing information rather than having the client read the document.

What Are Significant Ethical and Other Considerations That You Need