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Commentary: Prepare for questions about preparation
It was like watching a slow-motion train wreck. As a young prosecutor, years ago, I was sitting in court and saw a witness self-destruct over something that should’ve been an […]
Commentary: Find the balance in ethical witness preparation
Over the last several columns, we have looked at the ethics of witness preparation from the extreme perspective: the witness who lies, or plans to do so. But the tug […]
Commentary: Listen for the song in your witness’ head
You walk into the conference room to start preparing your witness and wonder: What is he or she thinking? What are the expectations and misconceptions? Put another way, what is […]
Commentary: Save the speeches and be yourself, like Julia Roberts
Speeches. We love them. We hate them. We all give them. To believe anything else is a dangerous fantasy, particularly for a witness. For many people from all walks of […]
Commentary: Witness prep not only permissible, but essential
Just settling into the witness preparation session, your client nervously asks: “What if they ask about preparation?” It’s a frequent question — and concern — from witnesses. Contained within it […]
Commentary: The ‘Witness Bill of Rights’
There are many moving parts to effective witness preparation. We often refer to the goals as the “Three Cs”: control, credibility and confidence. Each of the “10 Rules” I’ve discussed […]
Commentary: Making an impact on a witness
In past columns, I’ve talked about the “10 Rules” for witnesses as a way to help bridge the wide gap between normal conversation and communicating in a witness environment. The […]
Commentary: Witnesses need to use their counsel
No matter how much time is spent in preparation, there is often still a lot a witness‘ lawyer can do to help while the witness is being questioned. A good […]
Commentary: Be careful with documents and prior statements
The witness is just settling into the deposition, starting to sense that there may be light at the end of the tunnel, when the questioner pulls out the first document. […]
Commentary: Embrace the essential sound of silence
Question. Pause. Answer. Stop. That’s the unnatural rhythm of the witness environment. In past columns, I’ve talked about rules for witnesses for the first three steps: Question: Don’t answer a […]
Commentary: Playing the guessing game is a losing strategy
Could have/could be, should have/should be, would have/would be — ahh, guessing, we love it so. We judge ourselves, and each other, on how well we do it — on […]
Commentary: If you don’t remember, just say so
One of the most obvious rules for witnesses is also one of the most difficult for people in everyday life: If you don’t remember, say so. A witness can testify […]
Case Digests
- Fourth Department – Possession of a controlled substance: People v. Clark
- Fourth Department – Visitation agreement: Diedrichs-Wheeler v. McAvoy
- Fourth Department – Labor Law: Delisle v. FBBT/US Properties, LLC
- Court of Appeals – Implied covenant of good faith: 111 West 57th Investment, et al. v. 111 W57 Mezz Investor, et al.
- Fourth Department – Negligence: Castle v. Swarfiguer
- Fourth Department – Bifurcation: Calvaneso v. Mochol
- Court of Appeals – Sex Offender Registration Act: People v. Townsend
- Fourth Department – Action for attorney’s fees: Broadway Warehouse Co. v. Buffalo Barn Board LLC
- Second Circuit – Civil forfeiture: United States v. The M/Y Amadea, a Motor Yacht
- Second Circuit – Misdemeanor crime of domestic violence: United States v. Simmons
- Court of Appeals – Sentencing: People v. Flesch
Law News
- NY appeals court reverses burglary conviction over plea issue
- Side effect of NY auto insurance reform: costly lawsuits to prove damages
- NY appeals court reduces sentence for man who fired at deputies
- Telesca Center for Justice names new executive director
- Hochul calls for investigation of accusations against former judge
- Onondaga County attorney disbarred after federal convictions
- Weapon conviction reversed due to illegal police search
- Attorneys presented with Dillon Awards for child advocacy
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