Thomas Mason presented a webinar titled, “Witnesses: Ethics Issues Arising from Witness Interviews, Preparation, Compensation and Testimony”.
The program covered ethical issues relating to contacting and interviewing witnesses; preparing witnesses for testimony; and compensation of witnesses (expert and fact) for expenses or for their time. The presentation also addressed ethical restrictions on providing witnesses with legal advice or advising witnesses about contacts with other parties to the matter. The problem of false evidence or perjured testimony was also discussed, including the lawyer’s obligations when the lawyer believes or knows in advance that the testimony is false and when the lawyer only later discovers the falsity of the testimony. The presentation included information on how a lawyer may handle a scenario where the witness is also a client of the lawyer.