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Why is it worth it?

20 November 2015 / Mark Solon
Issue: 7677 / Categories: Features , Expert Witness , Profession
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Mark Solon considers the benefits of witness familiarisation

Witness familiarisation is a process that has become very popular over the past few years, but which is sometimes misunderstood by lawyers and the courts. It is sometimes confused with the idea of witness coaching which is absolutely prohibited by the Bar Standards Board and the Solicitors’ Regulation Authority.

Witness familiarisation, however, is perfectly permissible. It familiarises a witness, lay or expert, with the theory, practice and procedure of giving evidence, but without coaching them in any way on the content of that evidence.

Giving evidence and being cross-examined before a court can be daunting for even the most brave-hearted. Preparing witnesses for what to expect is therefore crucial to ensure they are not disadvantaged by ignorance of the process. Many practitioners realise the importance of supporting witnesses and there has been much commentary of the importance of witnesses not being harassed in court.

Reasonable cost?

Solicitors and barristers are permitted, within the rules, to prepare witnesses but when the preparation is provided by

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MOVERS & SHAKERS

Pillsbury—Lord Garnier KC

Pillsbury—Lord Garnier KC

Appointment of former Solicitor General bolsters corporate investigations and white collar practice

Hall & Wilcox—Nigel Clark

Hall & Wilcox—Nigel Clark

Firm strengthens international strategy with hire of global relations consultant

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Partner and associate join employment practice

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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