Facilitator Guide

Deposition Witness Prep: Ethical Issues

Facilitator Guide

Deposition Witness Prep: Ethical Issues

Topic: Depositions
Duration: 1 hr
Format: Remote or in person

What’s covered

Influencing a witness’s testimony
Whether to tell a witness a fact

Before the session

Prepare the Attendees

Send the attendees an invitation for the session. Include this link, which has the videos and exercise they’ll need to prepare.

https://www.hotshotlegal.com/trainings/deposition-witness-prep-ethical-issues/attendee

Prepare Yourself

Watch the videos and read the exercise so you’re familiar with the Hotshot material.

Course

Deposition Witness Prep: Ethical Issues

Discussion of ethical rules and obligations about influencing the witness’s testimony and strategies to navigate this important ethical issue.
Exercise
PDF

During the session

Part 1: Knowledge Check

Ask attendees these questions to ensure they understand the topic:

What ethical duties do you have as a lawyer prepping a witness?
Should you discuss your litigation strategy with a witness, or tell them why they’re important to the case?
What would you do if the witness doesn’t remember important facts?

Part 2: Group Exercise

Lead a group discussion based on the exercise. To encourage collaboration, divide the attendees into groups to discuss the exercise, then have a representative from each group summarize their views to the larger group. Call on people to share their thoughts and ask others to respond.

Tip for remote sessions: use your web conferencing system’s breakout room feature to divide people into groups.

Part 3: War Stories and Firm Specifics

Share your own experiences and guidance, including:

Anecdotes and war stories (e.g., about a near-disaster or a tough negotiation)
General practice tips (dos and don’ts)
Firm-specific guidance and practices

After the session

To continue their learning, attendees can check out related courses in Hotshot’s Depositions topic.

About Hotshot

Hotshot helps lawyers develop their legal, business, and technology skills through short videos, quizzes, and summaries, and we help law firms and law schools plan and deliver engaging training programs. Our customers include Am Law 200 firms, top law schools, and regional and international firms.