Ethics of Witness Preparation

Program Number: 2314

Program Date: 02/12/2013


Witnesses need guidance to help them understand the process of testimony and become aware of the essential issues in a case, but how far can an attorney ethically take the preparation process? Steve Bennett of Jones Day examines some of the common problems involved in witness preparation, including: protection of privilege, candor toward the tribunal, and "coaching." Ethics Rules covered include Model Rules of Professional Responsibility 3.3(a)(4) (duty to tribunal to avoid offering false evidence) and 3.4(b) (duty to avoid assisting a witness in testifying falsely).

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Available in states

California, Colorado Eligible, Georgia, New Jersey Eligible, New York, Texas Self Study

Credit Information

50 minute credit hour - 1.0 General CLE credit, including 1.0 Ethics credit, based on a 50-minute credit hour
60 minute credit hour - 1.0 General CLE credit, including 1.0 Ethics credit, based on a 60-minute credit hour

State Program Numbers


Steven C. Bennett, Esq., Jones Day

Jones Day

Steven C. Bennett, Esq. is a partner at Jones Day, resident in its New York office. He focuses on domestic and international commercial litigation and arbitration, including cases involving bankruptcy, construction, corporate, energy, insurance, intellectual property, privacy and data security, and other disputes. Mr. Bennett is chair of his firm’s e-Discovery Committee and he co-founded the Sedona Conference Working Group on International E-Discovery. He teaches a course on conflicts of law at Hofstra Law School, co-teaches a course on advanced civil procedure (e-discovery) at New York Law School, and is a qualified arbitrator for the American Arbitration Association and the CPR Institute. Mr. Bennett, who regularly speaks to a wide array of groups for CLE and other purposes, is the author of Arbitration: Essential Concepts (American Lawyer Media 2002) and A Privacy Primer for Corporate Counsel (Aspatore/West 2009).