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Facilitator Guide

Deposition Witness Prep: Ethical Issues

What’s covered

  • Influencing a witness’s testimony
  • Whether to tell a witness a fact

Before the session

Prepare the Attendees

Send the attendees an invitation for the session. Include this link, which has the videos and exercise they’ll need to prepare.

https://www.hotshotlegal.com/discussions/deposition-witness-prep-ethical-issues/attendee

Prepare Yourself

Watch the videos and read the exercise so you’re familiar with the Hotshot material.

During the session

Part 1: Knowledge Check

Ask attendees these questions to ensure they understand the topic:

  • What ethical duties do you have as a lawyer prepping a witness?
  • Should you discuss your litigation strategy with a witness, or tell them why they’re important to the case?
  • What would you do if the witness doesn’t remember important facts?

Part 2: Group Exercise

Lead a group discussion based on the exercise. To encourage collaboration, divide the attendees into groups to discuss the exercise, then have a representative from each group summarize their views to the larger group. Call on people to share their thoughts and ask others to respond.

Tip for remote sessions: use your web conferencing system’s breakout room feature to divide people into groups.

Part 3: War Stories and Firm Specifics

Share your own experiences and guidance, including:

  • Anecdotes and war stories (e.g., about a near-disaster or a tough negotiation)
  • General practice tips (dos and don’ts)
  • Firm-specific guidance and practices

After the session

To continue their learning, attendees can check out related courses in Hotshot’s Depositions topic.