DRAFTING WITNESS STATEMENTS AND THE LAWYER AS WITNESS
There have been several posts about drafting witness statements on this blog. Here I am referring readers to comments made by Richard Moorhead in his blog “Lawyer Watch”. The first refers to a case where the solicitor for a party gave evidence in the case; the second relates to ethical difficulties in drafting witness statements.
There is an interesting post by Professor Moorhead at http://lawyerwatch.wordpress.com/2013/12/18/getting-too-close-to-the-action-how-to-blind-yourself-to-ethical-rules/ setting out a case in which the solicitor for defendants in an action elected to be a witness in that action. Indeed he was the only witness for the defendants.
Things did not go well, as readers of the post will see.The case makes salutary reading for anyone thinking of giving evidence on their client’s behalf.
There is also an interesting blog post from earlier this year on the ethics of drafting witness statements, see http://lawyerwatch.wordpress.com/2013/02/03/curb-your-enthusiasm-time-to-act-on-finessing-witness-statements/
here are plenty of posts in relation to relief from sanctions on this blog.
- See the essential guidance at http://civillitigationbrief.wordpress.com/2013/11/09/drafting-witness-statements-essential-guidance-from-an-authoritative-source-that-every-litigator-should-read/
- The importance of drafting witness statements that comply with the rules
- Witness statements & the grounds for the witnesses’ belief http://civillitigationbrief.wordpress.com/2013/11/07/witness-statements-complying-with-the-rules-2-the-grounds-for-the-witnesses-knowledge-or-belief/
- What are witness statements for? http://civillitigationbrief.wordpress.com/2013/08/23/what-are-witness-statements-for/
- Two articles on witness statements are at http://civillitigationbrief.wordpress.com/2013/07/11/civil-evidence-and-witness-statements/
- The dangers of serving witness statements late are considered at http://civillitigationbrief.wordpress.com/2013/07/11/civil-evidence-and-witness-statements/