Top 10 Dos and Don'ts for Compensating Fact Witnesses

, New York Law Journal

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Eric Tirschwell and Theodore S. Hertzberg of Kramer Levin Naftalis & Frankel review the basic legal and ethical framework applicable to New York lawyers, and set out a list of rudimentary "dos" and "don'ts" to assist counsel when faced with the difficult question of whether and when it is proper and/or strategically wise to agree to compensate fact witnesses.

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  • Pamela B. Stuart

    Very thoughtful article. While it is wrong to advise a witness not to speak with an adverse attorney, it is perfectly proper to advise the witness of the disadvantages of speaking with opposing counsel such as the likelihood that the opposing counsel might wish to take a sworn statement from the witness and use it to impeach the witness during
    cross examination.

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