Mark Solon considers the benefits of witness familiarisation
Witness familiarisation is a process that has become very popular over the past few years, but which is sometimes misunderstood by lawyers and the courts. It is sometimes confused with the idea of witness coaching which is absolutely prohibited by the Bar Standards Board and the Solicitors’ Regulation Authority.
Witness familiarisation, however, is perfectly permissible. It familiarises a witness, lay or expert, with the theory, practice and procedure of giving evidence, but without coaching them in any way on the content of that evidence.
Giving evidence and being cross-examined before a court can be daunting for even the most brave-hearted. Preparing witnesses for what to expect is therefore crucial to ensure they are not disadvantaged by ignorance of the process. Many practitioners realise the importance of supporting witnesses and there has been much commentary of the importance of witnesses not being harassed in court.
Reasonable cost?
Solicitors and barristers are permitted, within the rules, to prepare witnesses but when the preparation is provided by independent organisations which assist the witnesses in a neutral environment
