Most practitioners will tell you it is inherently improper to speak with a witness during a break in live testimony. Most judges would probably agree. If observed, the result could be open admonishment, the preclusion of the witness’ testimony, sanctions levied against the attorney or worse. On the surface such a blanket prohibition may make sense. But is this really the law? Or is it just the way things are done? The answer may surprise you.
The practice of “coaching” a witness — i.e., giving verbal or non-verbal cues as to how to respond to questioning — is unquestionably taboo. Courts are ever-vigilant in their pursuit of the truth — which is directly at odds with attempts to slant testimony midquestioning to become more favorable than it otherwise would be. So how can the conscientious attorney avoid the perils and pitfalls involved in this aspect of trial work? The answer: not easily.
From Depositions to Trials: Pre-2006 Legal Framework
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