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Do's and Don'ts - Being a Witness


THE DO's

DO take a subpoena seriously. It has the force of a court order. That doesn't mean, by the way, that a judge has actually taken an interest in you (they are usually prepared by an attorney for a party) but a judge will be annoyed if you ignore a subpoena.

DO be honest and forthcoming with your testimony. That doesn't mean spill your guts out, but answer questions fairly and with intellectual honesty. You saw how badly a recent President looked when he tried to get cute with his testimony. Of course, also remember that perjury is a felony.

DO be honest and forthcoming with your attorney. Even if it is embarrassing, even if it makes you look like an idiot or a crook, it is better if your attorney knows. Giving your attorney insufficient information is like hiring a chauffeur and not telling him or her that your brakes don't work.

DO make yourself available to your attorney for discussions regarding the case, including working on discovery and preparation for depositions and trial. It is not a waste of your time if it helps you to win the lawsuit.

DO follow your attorney's advice about how to behave in the deposition or the courtroom. Don't be afraid to ask him or her if something is appropriate. It's one of the things that you are paying your lawyer for. Your attorney will tell you what he or she wants from you if you are deposed or have to take the stand in a trial.

DO dress as well as you comfortably can. A suit is best, for a man or a woman, but if your head spins and you gag at the thought of a tie or a skirt, dress as nicely as you can. If you are a police officer, military personnel, or cleric, your uniform is always appropriate. Your credibility as a witness is in some small degree judged by your clothing.

DO give your attorney everything in your relevant files, even if it is embarrassing or incriminating. If you have the document, the odds are that someone else does too.


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