How does it differ from "prepping a witness"?
2006-08-05 22:04:16 · 3 answers · asked by rvirzi2000 1 in Politics & Government ➔ Law & Ethics
Both of the above answers are correct.
The dividing line, while often subtle, is very important ethically.
Prepping (preparing) a witness is allowed, because the lawyer may provide legal advice on how testimony needs to be offered, and how best to convey the testimony to the jury so that it is understandable. That's just helping with presentation, without altering or dictating the substantive content.
Coaching a witness straddles the line, which makes it semi-unethical, because the lawyer's instructions start to affect not just the manner of presentation but also the substantive content of the witness's testimony.
Anything beyond that is grounds for potential disbarment, such as when a lawyer tells a witness what to say, or asks a question knowing the witness intends to commit perjury.
2006-08-06 07:38:30 · answer #1 · answered by coragryph 7 · 0⤊ 0⤋
Coaching is telling a witness what to do or say, just like in little league or soccer practice. Prepping a witness it letting them know what they may expect to happen while on the stand. Yes, there is a difference however, depending on the lawyer involved, it could be one in the same. Good question!!
2006-08-05 23:15:35 · answer #2 · answered by roritr2005 6 · 0⤊ 0⤋
Prepping a witness is giving them a heads up to what questions they will probably be asked.
Coaching a witness is telling them what to say and how to say it.
2006-08-05 22:10:09 · answer #3 · answered by Joe 2 · 0⤊ 0⤋