header-logo header-logo

20 November 2015 / Mark Solon
Issue: 7677 / Categories: Features , Expert Witness , Profession
printer mail-detail

Why is it worth it?

nlj_7677_solon

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Nick McDonnell, Kain Knight

NLJ Career Profile: Nick McDonnell, Kain Knight

Nick McDonnell of Kain Knight reflects on an unexpected legal career, his drive to support vulnerable clients and the surprising pleasures of watching nothing happen

Mayo Wynne Baxter—Angela Arnold

Mayo Wynne Baxter—Angela Arnold

Mayo Wynne Baxter strengthens property team with new partner appointment

WilmerHale—Jeremy Kosky & Charlie Lightfoot

WilmerHale—Jeremy Kosky & Charlie Lightfoot

WilmerHale expands London disputes capabilities with addition of two leading partners

NEWS
Lawyers have welcomed the Lord Chancellor’s reverse-ferret on jury reforms, but expressed ‘serious concerns’ about the decision to exclude fraud trials
From ‘rats in the robing room’ to ‘overworked’ judges and a shortage of court staff, barristers have aired their concerns about the state of the justice system
The use of agentic artificial intelligence (AI) poses ‘significant risks’ across the justice system, public services and government, and current regulation is ‘poorly suited’ to control it, experts have warned
The solicitors’ regulator has paused controversial plans to exclude owner-managers from compliance officer roles
The government has launched a £16m legal support grant to support 48 frontline legal advice organisations supporting people facing eviction, problem debt, benefit disputes and family breakdown
back-to-top-scroll