Disclosure and Consent for Witness Preparation Services
Your consultant has been engaged by your legal team to prepare you to give evidence in your case.
Witness Preparation Consultants recognise that witness preparation involves the art and science of interpersonal communication, and therefore our professional approaches will take many different forms.
Witness preparation refers to the assistance witness preparation consultants provide the barrister, instructing solicitor, clients, or their other witnesses, in their effort to increase witnesses’ understanding, comfort and confidence in the process of giving evidence, improving their ability to give cogent evidence, improve their conduct in court and improve their understanding of what is occurring around them. Giving evidence is a nerve-wracking experience for most people and very few are prepared for the rigours of cross-examination. Being in the witness box is a crucial time. The evidence given is weighed by the judge and how a witness answers questions, sits in the witness box, engages with opposing counsel and the Judge, all present a narrative to the Judge.
Coaching of witnesses with regards to their answers is prohibited. Witness preparation consultants comply with relevant sections of the Victorian Bar Incorporated Practice Rules;[1]
44)
A barrister will not have breached Rule 44 by expressing a general admonition to tell the truth or by questioning and testing in conference the version of evidence to be given by a prospective witness, including drawing the witness’s attention to inconsistencies or other difficulties with the evidence, but must not coach or encourage the witness to give evidence different from the evidence which the witness believes to be true.
Similarly, the Victorian Bar Good Conduct Guide[2] lays out these responsibilities;
Clients and Witnesses
'3.29 The court relies upon counsel to deal fairly with witnesses, the vast majority of whom are unfamiliar with courts and the legal system. Counsel are prohibited from coaching witnesses as to appropriate advise a client or witness to give false evidence. advise clients to tell the truth and are entitled to test the version of evidence to be given by a witness by the identification of inconsistencies in the witness’s evidence with other evidence.'
Witness preparation consultants do not attempt to thwart or conceal the truth of witness testimony, nor do they condone this by others.
Witness preparation will involve a great deal of interaction between yourself and the consultant.
The consultant’s role is not to be your therapeutic counsellor, but to challenge and highlight inconsistencies in your evidence, discuss your demeanor, your attire and how all of this could singly or in combination act to create a presence in court that may not be optimal.
Your consultant is there to prepare you for court, not to be your friend.
Your consultant has obligations to comply with privilege which means your support people such as friends and/or family may not be present during our session together.
Your solicitor or barrister may be present, but this is not common. We encourage observation by a client's legal team.
You should bear in mind the following:
[1] The Victorian Bar Incorporated - Practice Rules - RULES OF CONDUCT AND COMPULSORY CONTINUING PROFESSIONAL DEVELOPMENT RULES Effective 22 September 2009 - Victorian Bar Rules of Conduct
[2] Good Conduct Guide - Professional Standards for Victorian Barristers - Chapter 3 - Duties to the Court pg 40 Good Conduct Guide
Your consultant has been engaged by your legal team to prepare you to give evidence in your case.
Witness Preparation Consultants recognise that witness preparation involves the art and science of interpersonal communication, and therefore our professional approaches will take many different forms.
Witness preparation refers to the assistance witness preparation consultants provide the barrister, instructing solicitor, clients, or their other witnesses, in their effort to increase witnesses’ understanding, comfort and confidence in the process of giving evidence, improving their ability to give cogent evidence, improve their conduct in court and improve their understanding of what is occurring around them. Giving evidence is a nerve-wracking experience for most people and very few are prepared for the rigours of cross-examination. Being in the witness box is a crucial time. The evidence given is weighed by the judge and how a witness answers questions, sits in the witness box, engages with opposing counsel and the Judge, all present a narrative to the Judge.
Coaching of witnesses with regards to their answers is prohibited. Witness preparation consultants comply with relevant sections of the Victorian Bar Incorporated Practice Rules;[1]
44)
- Under no circumstances shall a barrister advise or suggest to a witness that false evidence should be given.
- A barrister shall not coach a witness by advising what answers the witness should give to questions which might be asked.
A barrister will not have breached Rule 44 by expressing a general admonition to tell the truth or by questioning and testing in conference the version of evidence to be given by a prospective witness, including drawing the witness’s attention to inconsistencies or other difficulties with the evidence, but must not coach or encourage the witness to give evidence different from the evidence which the witness believes to be true.
Similarly, the Victorian Bar Good Conduct Guide[2] lays out these responsibilities;
Clients and Witnesses
'3.29 The court relies upon counsel to deal fairly with witnesses, the vast majority of whom are unfamiliar with courts and the legal system. Counsel are prohibited from coaching witnesses as to appropriate advise a client or witness to give false evidence. advise clients to tell the truth and are entitled to test the version of evidence to be given by a witness by the identification of inconsistencies in the witness’s evidence with other evidence.'
Witness preparation consultants do not attempt to thwart or conceal the truth of witness testimony, nor do they condone this by others.
Witness preparation will involve a great deal of interaction between yourself and the consultant.
The consultant’s role is not to be your therapeutic counsellor, but to challenge and highlight inconsistencies in your evidence, discuss your demeanor, your attire and how all of this could singly or in combination act to create a presence in court that may not be optimal.
Your consultant is there to prepare you for court, not to be your friend.
Your consultant has obligations to comply with privilege which means your support people such as friends and/or family may not be present during our session together.
Your solicitor or barrister may be present, but this is not common. We encourage observation by a client's legal team.
You should bear in mind the following:
- Results vary; this consultant does not guarantee any positive outcome or judgement.
- The success of any session depends greatly on the client’s willingness and desire to work positively with the consultant.
- Expectations may not match the actual outcome of any witness preparation session.
- You may feel a range of emotions during the session; this is normal.
- Witness preparation can be draining and tiring, and bring up feelings you did not expect; this is normal.
- During the session, you will experience a role play of cross-examination. You may have more than one session. This is designed to prepare you for being questioned in the witness box by opposing counsel. This is an important aspect of your preparation.
- Your consultant may comment on how you present and how you can manage this. You may feel uncomfortable being examined in this way; this is normal.
- Your consultant is working with you to assist you in giving evidence during a stressful period of your case. Your willingness to fully engage in this process is of paramount importance.
- You are free to terminate any or all sessions at any time.
- You agree to participate in each session to the best of your ability.
- Your consultant can terminate any witness preparation session at their discretion, if, in their considered opinion, you are not willing to engage with the consultant in a positive manner, or accept their advice.
- Your consultant will not provide legal advice at any stage, and, where necessary, will refer you back to our instructing solicitor for clarification, and legal advice.
[1] The Victorian Bar Incorporated - Practice Rules - RULES OF CONDUCT AND COMPULSORY CONTINUING PROFESSIONAL DEVELOPMENT RULES Effective 22 September 2009 - Victorian Bar Rules of Conduct
[2] Good Conduct Guide - Professional Standards for Victorian Barristers - Chapter 3 - Duties to the Court pg 40 Good Conduct Guide