Ethics/Professional Responsibility
Feb. 7, 2012
Taking the stand: Scripts are for actors, not witnesses
Is the use of a script a breach of professional ethics? By Jason de Bretteville of Sullivan & Cromwell LLP
At a recent arbitration hearing, a colleague, just prior to beginning his cross-examination, observed a document on the witness stand that turned out to be a question and answer script covering key areas of the witness' testimony. The discovery of this document not only damaged the witness' credibility on cross-examination, it also raised a surprisingly complex and divisive question regarding whether use of a script is a breach of ...
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