BarbriSFCourseDetails
  • videocam Live Webinar with Live Q&A
  • calendar_month June 10, 2026 @ 1:00 PM ET/10:00 AM PT
  • signal_cellular_alt Intermediate
  • card_travel Class Action and Other Litigation
  • schedule 90 minutes

Ethical Witness Preparation Under ABA Formal Opinion 508

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About the Course

Introduction

This CLE webinar will discuss the ethics of witness preparation in light of ABA Formal Opinion 508, "The Ethics of Witness Preparation." The panel will examine this essential skill, recurring witness preparation strategies and practices, and will then debate and critique when some perfectly ethical practices may cross the line and become unethical. The panel will also discuss the pros and cons of using voice-to-text technology and AI analysis to help witnesses improve their testimony.

Description

Witness preparation has always been an expected and even essential part of trial preparation. Indeed, failure to prepare witnesses may even be malpractice or an ethical violation. Any lawyer who engages in preparation of witnesses, whether for administrative or other types of hearings or court or jury trials, must know the ethical rules and restrictions on preparing witnesses and clients.

But as FO 508 discusses, there is a big difference between ethical preparation and actions that interfere with the integrity of the justice system and obstruct another party's access to evidence (Op. 508 at 4). A lawyer's "duty is to extract the facts from the witness, not to pour them into him; to learn what the witness does know, not to teach him what he ought to know." In the Matter of Eldridge, 82 N.Y. 161, 171 (N.Y. 1880).

FO 508 is particularly concerned with commonly used remote technologies that can be used to "coach" witnesses in new and ethically problematic ways, especially during testimony or what it calls "midcourse testimonial influence." As the panel will discuss, this type of coaching often produces much of the conduct that lawyers complain make depositions so difficult.

Listen as this panel of experienced litigators and ethics expert use vignettes to highlight what FO 508 has to say about the essential skills and ethics of witness preparation.

Presented By

Anthony L. Cochran
Partner
Smith Gambrell Russell

Mr. Cochran is a Partner in the Litigation Practice of Smith Gambrell Russell LLP. During the 45 years he has been practicing law in Atlanta, Mr. Cochran has represented many individuals and businesses on a wide variety of complex matters. He has tried dozens of jury trials in many areas of the law (both civil and criminal, federal and state), bench trials (in federal and state courts), administrative and regulatory hearings (before both federal and state agencies and boards), and medical peer review hearings at hospitals. Mr. Cochran's unique experience allows him to handle parallel civil, administrative and criminal proceedings, which are common in today’s legal environment. Being able to competently handle civil, administrative and potentially criminal matters for a client simultaneously can be an enormous savings to a client by preventing duplication of effort.

Guy O. Kornblum
Principal
Guy O. Kornblum, APLC

Mr. Kornblum is the principal in Guy O. Kornblum, A Professional Law Corporation with offices in San Francisco, California. He has specialized in civil litigation for over 45 years. Mr. Kornblum's firm specializes in a wide range of civil litigation, including serious injury and wrongful death, medical and legal malpractice, financial and physical elder abuse, and all aspects of insurance including “bad faith” claims. Mr. Kornblum himself has handled over 4000 litigated matters to a conclusion and has several million dollars plus cases to his credit. He has represented hundreds of clients, small businesses, individuals, and large Fortune 500 corporations over his years of practice. Mr. Kornblum is highly regarded for his litigation skills, and his representation of his clients in settlement negotiations and mediations, where he has a strong track record of successful settlements. 

Bradley A. Levin
Shareholder
Levin Sitcoff PC

Mr. Levin a shareholder in the Denver law firm Levin Sitcoff PC, focuses his practice on tort and commercial litigation, especially insurance bad faith and insurance coverage disputes. He has significant litigation and trial experience. In addition to teaching legal writing and research at Hastings College of Law, Mr. Levin has lectured frequently in the areas of insurance coverage and bad faith law. He is licensed to practice in California and Colorado.

Credit Information
  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

  • An excellent opportunity to earn Ethics CLE credits. Note: BARBRI cannot guarantee that this course will be approved for ethics credits in all states. To confirm, please contact our CLE department at pdservice@barbri.com.


  • Live Online


    On Demand

Date + Time

  • event

    Wednesday, June 10, 2026

  • schedule

    1:00 PM ET/10:00 AM PT

I. Limit on coaching 

A. "Don't volunteer information"

B. "The less you remember, the better"

C. "If in your mind's eye you can see and hear an event, say you don't recall"

II. Rehearse questions and answers 

A. Question-and-answer script

B. Practice on video and have a consultant coach the witness

C. Have many lawyers in the room to intimidate the witness

III. Tell a witness to "downplay" the number of times a witness and a lawyer met to prepare

IV. Discussing the applicability of law to the events at issue 

A. Before you tell me what happened, let me explain the law to you first

B. Before you tell me what happened, let me review the factual context into which your observations will fit

C. Before you tell me what happened, let me tell you other testimony or evidence that will be presented and ask you to reconsider your recollection or recounting of events in that light

V. Suggest a choice of words

VI. Benefits and risks of AI tools to shape testimony

The panel will review these and other key issues:

  • How does the opinion change the ethics rules?
  • What are the ethical limits of working with favorable witnesses and clients in preparing them to give testimony?
  • What is the difference between witness preparation and coaching a witness, and how do you draw the lines between them?
  • What are the pros and cons of using voice-to-text technology and AI analysis to help witnesses sound better?