Ethical Witness Preparation

This episode was originally released on June 2, 2022 | In the second episode of Holland & Knight's "Ethical Witness Preparation" podcast series, "The Ethical Witness: The Four Horsemen of the Lying Witness Apocalypse," litigation attorney Dan Small examines four strategies attorneys can use to avoid the perjury dilemma. He breaks down the pros and cons of each of these "Four Horsemen" — persuasion, narrative, withdrawal and disclosures — as well as explains how other states and courts have approached them.

This episode was originally released on May 19, 2022 | In the first episode of Holland & Knight's "Ethical Witness Preparation" podcast series, "The Ethical Witness: The Extreme Case," litigation attorney Dan Small begins a five-part series addressing the main ethical issues that arise in witness preparation. Mr. Small opens with a look at the extreme case of perjured testimony. He uses a real-life example from a divorce trial to show why witness preparation can be so difficult to do both effectively and ethically, especially under the pressures of a trial. He also points out that the truth may not always present itself, but there are better ways to communicate with clients to get them to say the right thing.