'Put Me In Coach: I'm Ready To Prepare Our Witness': A Refresher on Witness Preparation and Discussion of Ethics
The idea of something being true, but inaccurate, is not just movie fodder. It often arises in litigation, specifically in witness testimony. When during deposition preparation does coaching cross over from permissible to impermissible? Really, the answer depends on what, and how you do it.
December 18, 2023 at 10:18 AM
13 minute read
(L-R)Katryna L. Kristoferson and David Paul Horowitz of the Law Offices of David Paul Horowitz. Courtesy photos
Practical New York Practice™
The film "Absence of Malice" revolves around a reporter (played by Sally Field) publishing a story leaked to her by a local prosecutor stating that an alcohol wholesaler (played by Paul Newman) was being investigated by that office and suggesting he was involved in wrongdoing. It contains the memorable line:
"Suppose you picked up this morning's newspaper and your life was a front-page headline… And everything they said was accurate… But none of it was true…"
The idea of something being true, but inaccurate, is not just movie fodder. It often arises in litigation, specifically in witness testimony. We are raised to believe that trials are a search for truth, a concept that seems more a quaint notion with each passing year in practice.
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