Description
Understand the ethical rules and related substantive rules regarding the duty to conduct witness interviews and investigations.
In the litigation process and preparing the case, it is necessary to interview third party witnesses. Questions often arise if the interview is ethical and permissible or prohibited. The repercussions of improperly contacting a witness or discussing certain matters can result in sanctions against the attorney, including disqualification, and can result in disqualification of the witness. Accordingly, when interviewing witnesses and conducting investigations, the attorney needs to be aware of the Rules of Professional Conduct to define the permissible scope of the investigation. Like wise, attorneys need to comply with the limitations of coaching a thirdparty witness. This topic will address the ethical rules and related substantive rules regarding the duty to conduct witness interviews and investigations and the effects of impermissible conduct by the attorney or someone working at the direction of the attorney. This material will also discuss the scope of permissible coaching of a third party witness.
Date: 2024-06-28 Start Time: 1:00 PM ET End Time: 2:30 PM ET
Learning Objectives