Opposing Counsel Told My Witness What His Testimony Should Be

In a workers’ compensation case I represented this week, a witness was allowed to appear by phone. I inquired if he had any documents that he reviewed prior to testifying and sure enough, he held a letter from opposing counsel, telling him what his testimony should be. I moved to have the document turned over. Opposing counsel quickly moved to have the witness’ testimony stricken. The judge struck it. Partial win for our case, but I would love to have a copy of that document.

Loren M. Lambert © March 10, 2012