Admitted outside of Massachusetts?
This program includes ethics CLE
Preparing witnesses is essential to effective, zealous representation, but
even for seasoned litigators, the ethical issues can be tough. How much
preparation is appropriate? When does necessary guidance turn into improper
coaching? These are difficult and fascinating challenges that every lawyer who
prepares a witness must face. Dan Small, an experienced trial lawyer and author
of the ABA manual, Preparing Witnesses (3d Edition, 2009), shows you
how to prepare strong witnesses without crossing the ethical line.
This program will explore:
- The real nature and
purpose of powerful witness preparation
- The line between coaching and
- The "translator" model
- Acceptable preparation
- The perjury dilemma
About Dan Small:
Dan Small is a litigation partner in the
Boston and Miami offices of Holland & Knight, focusing on witness
preparation, government and internal investigations, white-collar criminal law
and complex civil litigation. He has extensive investigation, jury trial and
other litigation experience.
Prior to entering private practice, Mr.
Small was a prosecutor for the U.S. Department of Justice, during which time he
tried RICO, corruption, financial and regulatory cases. Mr. Small received
various awards and commendations for his work. He also was General Counsel for a
publicly traded healthcare management firm, where he oversaw in-house legal and
risk management staff, outside counsel, litigation, compliance, and facility,
entity and physician contracting.
Mr. Small has written several books on
litigation for the ABA, including Preparing Witnesses and Going To Trial, that
are used in CLE programs he gives throughout the country, and was a Lecturer on
Law at Harvard Law School. He is a frequent television, radio and newspaper
Mr. Small has represented witnesses, plaintiffs and
defendants in a wide range of internal and external investigations,
administrative proceedings, and civil and criminal litigation. These have
included issues relating to healthcare entities, education institutions,
financial institutions and others.
I. Bridging the Gaps - Perception, Conversation,
II. Understanding the Reality - Combatant vs. Purist
Understanding the Process - Preparation Steps and Goals
IV. Understanding the
Rules - Basic Principles, Ten Rules
V. Understanding the Extreme - The
VI. Understanding the Concept - Coaching vs. Preparing,
Creating vs. Interpreting
VII. Understanding the Lines - Ethical Preparation
* The Boston Bar Association is an accredited CLE provider in New Hampshire
and Rhode Island. By virtue of that accreditation, this program is
eligible for reciprocal jurisdictional credit in New Jersey, New York and
California State Bars amongst many others recognizing CLE programs approved in
reciprocal jurisdictions. If you are admitted in a state other than those
listed here, we recommend you contact your state’s CLE administrator to
determine whether ethics credit will be provided.
This program will also be available outside of the classroom via live webcast
and available “on demand”. If you would like to be notified about how to
view this program online via West LegalEdCenter, please contact us.