Both prosecutors and criminal defense lawyers have professional and ethical obligations to zealously represent their clients. However, they must also comply with rules of professional conduct address candor and honesty with the tribunal. How can these lawyers serve both of these masters when it comes to preparing witnesses for trial? On the one hand, these lawyers are obligated to professionally structure their preparation to maximize success as defined by their client’s best interests. On the other hand, they are obligated to ensure honesty, prevent perjury, and limit evidence tampering.

This CLE will explore best practices for witness preparation addressing human memory, direct / cross examination, legal elements, and ethical constraints / limitations on this subject, including applying these details to several hypothetical cases. All attendees will hopefully leave with inspiration on how to fully prepare their witnesses, with additional instruction on ensuring they do not go too far.