| name | witness-prep-ethics |
| title | Witness Preparation Ethics Boundaries |
| description | Evaluates witness preparation activities for ethical compliance under ABA Formal Opinion 508 and Model Rules 3.3, 3.4, 8.4. Distinguishes permissible preparation from prohibited coaching. Use when planning deposition or trial prep, reviewing proposed prep activities, or checking witness coaching ethics. Triggers: witness prep, deposition prep, coaching ethics, ABA 508, testimony preparation. |
| author | CaseMark |
| author_url | https://github.com/CaseMark/skills/tree/main/skills/legal/witness-prep-ethics |
| license | Apache-2.0 |
| version | 0.1.0 |
| execution_mode | open |
| jurisdiction | us |
| practice | litigation |
| language | en |
Witness Preparation Ethics Boundaries
Defines lawful witness preparation boundaries and compliance workflow under ABA guidance and Model Rules. Core principle: preparation is expected, but truth is the touchstone—genuine recollection must be preserved.
Prerequisites
- Jurisdiction and governing ethics rules (state bar, local court orders).
- Witness type and setting (fact or expert; deposition, hearing, trial).
- Core materials: pleadings, key documents, prior statements, discovery responses.
- Any in-court communication limits (Geders, Perry).
Authority Baseline
| Source | Constraint |
|---|
| Model Rule 3.3 | No false evidence or testimony (candor to tribunal) |
| Model Rule 3.4 | No falsifying evidence or counseling false testimony |
| Model Rule 8.4 | No dishonesty, fraud, deceit, misrepresentation |
| ABA Formal Op. 508 (2023) | Preparation expected but must preserve genuine recollection |
| Restatement (Third) Law Governing Lawyers §116 | Preparation allowed; no coaching to fabricate or alter |
| Local ethics opinions | Follow stricter local rule when applicable |
Permissible vs. Prohibited
| Area | Permissible | Prohibited |
|---|
| Procedure | Explain mechanics, oath, objections, transcript | — |
| Documents | Review to refresh recollection | Use documents to override memory |
| Recollection | Ask what witness remembers; test basis and confidence | Supply facts or fill gaps |
| Legal relevance | Explain claims and why topics matter | Instruct how to shape testimony |
| Anticipated topics | Identify likely areas; practice Q&A | Provide preferred answers |
| Expression | Suggest clearer wording; avoid jargon | Change substance by rephrasing |
| Demeanor | Advise calm, listen fully, ask for clarification | — |
| Coordination | Prepare witnesses separately | Align stories across witnesses |
Session Workflow
