ABA Releases Updated Edition of "Preparing Witnesses: A Practical Guide for Lawyers and their Clients" by Dan Small
MIAMI (September 24, 2020) – Holland & Knight Partner Dan Small has authored an updated edition of "Preparing Witnesses: A Practical Guide for Lawyers and their Clients," published by the American Bar Association. This 5th edition of this easy-to-read guide provides a systematic witness preparation process and offers strategies and “Ten Rules” to help make witnesses comfortable and effective in a wide range of scenarios.
The critical importance of witness preparation, beyond just reviewing the facts, is teaching the witness to understand the fundamental differences between communicating in a normal conversation and in the formal and unnatural "question-and-answer" format of a trial or deposition. From government interviews to depositions to hearings to jury trials, witness situations vary, yet all raise the same preparation issues. Preparing Witnesses guides attorneys in perfecting their skills for delivering witness testimony with an impact.
Dan Small, a Partner in Holland & Knight's Boston and Miami offices, is a former federal prosecutor. His extensive litigation practice focuses on witness preparation, government and internal investigations, white-collar criminal law and complex civil litigation. In addition to authoring several books on litigation, he has lectured at Harvard Law School, led continuing legal education programs around the country, and is a frequent television, radio and newspaper commentator.
Praise for "Preparing Witnesses"
"Great insight into what makes an effective witness and how to talk to clients about it. This book should be on the shelf of every lawyer who may represent a witness in any investigation or proceeding."
- James M. Cole, Sidley Austin LLP, Former Deputy Attorney General of the United States
"This excellent book simplifies the task of convincing clients who are 'too busy' just how important preparation is, and how it should be done."
- Alan Dershowitz, professor, Harvard Law School
"Dan Small defines preparation like nobody else in the vast literature of the law of trial practice. His step-by-step guide is both a model of clarity and a paragon of completeness. His book is not an option, but a necessity for the experienced and novice trial advocate alike."
- Alex Sanders, President, College of Charleston, Former Chief Judge of the South Carolina Court of Appeals