Saturday, February 22, 2014

How not to practice law: tell your client what to say when testifying

As all litigators know, there is an important difference between helping a witness prepare in advance of their testimony and telling the witness what to say.  The first is not only allowed, not doing it may be considered a violation of the duty of diligence and an example of malpractice.  The second, however, is improper and can subject a lawyer to discipline.  A recently reported case in the Legal Profession blog illustrates the difference (here).  In this case, the lawyer was disbarred after it was revealed he told a witness what to say prior to a hearing.

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