April 17. 2024

The different ethical and professional rules for witness preparation/coaching, including implications for online/hybrid examination of witnesses


B. Ted Howes, head of the US International Arbitration practice, will be a panelist on an International Bar Association (IBA) webinar, taking place on April 17, 2024 from 2:00-3:00 pm BST / 9:00-10:00 am ET.

“The Different Ethical and Professional Rules for Witness Preparation/Coaching, Including Implications for Online/Hybrid Examination of Witnesses,” will focus how ethical obligations vary between jurisdictions. Due to different ‘conflict rules,’ a lawyer can face a positive conflict of ethical rules (namely, their own home rules and the rules of the seat of arbitration). The issue of contact between lawyers and witnesses (witness preparation, witness coaching and witness familiarization) is a conflicting one because it is differently regulated, which can lead to an uneven playfield. The arbitral community has tried to solve this clash of rules, but a final and satisfactory solution has not yet been found. The panelists will share their views and insights surrounding this ongoing debate.

To register for the event, please visit the IBA’s site.

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