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CLE - Ethical Witness Preparation: Drawing Difficult Lines

Wednesday, November 6, 2013 4:00 PM to 6:00 PM
Boston Bar Association - 16 Beacon Street, Boston, MA

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*Additional fees may apply for online viewing of programs via West LegalEd. BBA Members may be eligible for a discount.


This program has already taken place, but you can still catch up on what you missed!

Visit the CLE Bookstore to purchase a CLE Materials Set, which includes online access to the recorded course presentation and a copy of the course book.

If you need CLE Credit, please click here.

Admitted outside of Massachusetts?  This program includes ethics CLE credits*!

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 preparation
- The "translator" model
- Acceptable preparation practices
- The perjury dilemma

Dan Small

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 commentator.

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, Audience
II. Understanding the Reality - Combatant vs. Purist
III. Understanding the Process - Preparation Steps and Goals
IV. Understanding the Rules - Basic Principles, Ten Rules
V. Understanding the Extreme - The Perjury Dilemma
VI. Understanding the Concept - Coaching vs. Preparing, Creating vs. Interpreting
VII. Understanding the Lines - Ethical Preparation Tools

* 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.

Sponsoring Section/Committee(s):




Kristen White


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