AttorneysEd Center

Lou DiLorenzo, the Chair of Bond, Schoeneck & King’s Labor and Employment, Employee Benefits Practice and Immigration Group and Managing Partner of its New York City and Garden City Offices, discusses the ethical considerations and restraints involved in witness preparation (“horse-shedding” the witness). Topics include:
• The Background: Formal ethical rules involved in witness preparation and/or the use or presentation of false testimony or documents, including ABA Model Rule 1.3, 3.3(b); the Restatement (Third) Concerning Lawyers, Sections 116, 120(1)(c); NY Rules of Professional Conduct 1.2; 3.3(a)(3), 3.4(a) (5), 8.4(b-d); cases and opinions; and the general ethical line between proper preparation and improper conduct
• The Lecture: Advising a client on how the law applies to his or her testimony, the Abstract Permissible, timing of the lecture
• The “Factual” Lecture: “Needed” facts minus the law
• The Witness’ Words: Repackaging versus alteration
• The Witness’ Looks: Modifying and shaping the witness’ appearance, demeanor, confidence
• The Answers: “Not recalling”, not volunteering information
• The Rehearsal: The undone-done look
• The Miscellany: Paying a fact witness, blocking access to a witness, confronting false testimony

Note: This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.0 credit hours, of which 1.0 credit hours will apply to legal ethics/professional responsibility credit.