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Witness Familiarisation Witness Familiarisation The essential pre-hearing service for both Witnesses of Fact and Expert Witnesses who are about to give evidence. BOND SOLON Wilmington Legal What is witness familiarisation? What is the difference between ‘ ‘ Witness familiarisation is a process which witness familiarisation and provides witnesses with a comprehensive coaching? Witness Familiarisation is vital to understanding of the theory, practice and procedure of giving evidence and Coaching has always been prohibited. ensure witnesses know what to Lawyers are not allowed to prepare expect at a hearing so they can what is expected of them when they are required to give evidence. This includes witnesses on what they should say or ‘‘give their evidence effectively. familiarising the witness with the layout attempt to persuade the witness into of the legal forum, the likely sequence of changing their evidence. Ali Malek QC events when the witness will be giving In contrast witness familiarisation is Three Verulam Buildings evidence and a balanced appraisal of the encouraged by both the Bar Council and different responsibilities of the various the Court of Appeal. Witnesses should not people at the hearing. be disadvantaged by the ignorance of the process or taken by surprise at the way in which the hearing works. There is a duty to put witnesses at ease as much a possible ‘ ‘ Why should witness before their hearing. Bond Solon in just one session familiarisation be considered? transformed an over confident Giving evidence can be a daunting, and impatient CEO into a calm unfamiliar and uncomfortable experience Why shouldn’t solicitors ‘‘and thoughtful witness who for witnesses. A poor performance at impressed the tribunal. a hearing can undermine a witness’s or counsel run the witness confidence, the credibility of their evidence familiarisation sessions Audley Sheppard QC and be detrimental to your client’s case. themselves? Most Witnesses of Fact and Expert Partner The Court of Appeal in R v Momodou Witnesses have never seen the inside of a [2005] EWCA Crim 177 (par 64) clearly Clifford Chance courtroom, tribunal or other legal fora, and states that in criminal proceedings, yet can be required to attend a hearing none of those conducting the witness and be cross-examined without always familiarisation session should have any understanding fully what is required of personal knowledge of the matters in them, how to prepare fully and how to issue in the case. Historic Bar Council give evidence clearly. Guidance has stated for civil proceedings It is seen as important to provide It is important that witnesses who will that until there is further authority, it is support to all our staff who be facing unfamiliar procedures are put prudent to follow the same principles as are facing giving evidence in at ease as much as possible and not set out in Momodou. forthcoming litigation. We have disadvantaged by the ignorance of the ‘‘ process or taken by surprise at the way in utilised Bond Solon’s‘ Witness ‘ which it works. Familiarisation service to provide Witness familiarisation sessions are now this support and the feedback regarded as an essential element of the from those who have benefited pre-hearing process. from the training has been extremely positive. Marks & Spencer Legal Department ?2 www.bondsolon.com 020 7549 2549 0207 [email protected] 549 2549 Why use Bond Solon? Can witness familiarisation Bond Solon is the leading provider of include mock cross- witness familiarisation in the UK. Our examination? service is regularly utilised by lawyers The case appears to have come working for the top 100 leading law firms Yes, as long as the material used does not bear similarity to the issues and content down to who was most believable across the UK and by many international in the witness box. Lawyers are not ‘ practices. Bond Solon also works directly in the forthcoming proceedings and that ‘ with both commercial and government those conducting the session have no ‘‘allowed to “coach” their witnesses bodies in providing witness familiarisation personal knowledge of the case. but Mr Abramovich attended a for their employees who are about to give During Bond Solon sessions, witnesses “witness familiarisation course” evidence. Bond Solon has unparalleled will be cross-examined in a mock hearing. experience and understanding of the We are able to provide this as our trainers run by a company called Bond different needs of witnesses. Over 250,000 have no knowledge of the case and the Solon. witnesses have attended our sessions. case studies we provide will bear no similarity to either the issues or content of The Telegraph the forthcoming hearing. August 2012 Independence There can be no allegations of coaching because Bond Solon are wholly Which legal hearings do we independent and our trainers have no prepare witnesses for? personal knowledge of the facts and Bond Solon regularly delivers witness I can thoroughly recommend issues of the case. familiarisation sessions to both Witnesses Bond Solon. Invariably witnesses of Fact and Expert Witnesses who are ‘ come back from their courses‘ full required to give evidence at a variety of of reassurance and much more Bond Solon trainers legal fora including: ‘‘ confident and able to face a • Arbitrations Our trainers are experienced barristers and difficult cross-examination. Bond solicitors. As professional trainers they have • Civil Courts extensive experience in delivering witness • Criminal Courts Solon play a very important role familiarisation sessions for Witnesses of • Depositions in trial preparation. Fact and Expert Witnesses in a variety of legal fora. • Employment Tribunals Patrick Way QC, Barrister • Inquiries Field Court Tax Chambers • Select Committees • Coroner’s Courts • Tribunals • Professional Conduct Hearings ‘ Everything went fantastically,‘ and we were very pleased with how prepared all of our witnesses were ‘‘and how well each of them did on the stand. Anna Holloway Counsel WilmerHale LLP www.bondsolon.com 020 7549 2549 [email protected] /company/bond-solon-training @BondSolon 3 How many witness Can we assist with overseas familiarisation sessions do witnesses? witnesses need to attend? Yes. Bond Solon regularly provides Many of the witnesses had never witness familiarisation sessions for overseas given evidence in an English If your witnesses will be giving evidence ‘ ‘ for less than half a day, Session 1 - Witness witnesses. Many of these witnesses come Court and commented that the Familiarisation is usually sufficient. If your from countries with an inquisitorial legal sessions meant that they came to witnesses are likely to be required to system and have little or no knowledge ‘‘ give evidence for half a day or more, we of the adversarial UK legal system. These Court with a good appreciation recommend they also attend Session 2 - sessions can be delivered with the of what they actually faced when Follow up Cross-Examination. interpreters who will be attending the hearing (if applicable). giving evidence. We would also recommend your witnesses should attend Session 2 if you have any Stuart Shepherd specific concern, for example if they are PartnerRPC very nervous or come from a country with How long before the RPC an inquisitorial legal system. hearing should a witness familiarisation session be scheduled? Where does the training You should start to think about scheduling The Bond Solon team were take place? a session three months before the hearing. excellent and played an integral We usually conduct the training at your The ideal time for the session to take place ‘ ‘ offices, but can meet your witnesses and is three weeks before the hearing. This will role in our preparation for deliver the programme anywhere in the provide witnesses time to reflect on what ‘‘trial, enabling the witnesses to world. they have learnt and prepare for their give their evidence in the most forthcoming hearing. We are also able to arrange sessions at very short notice if effective way. The trainer was necessary. worth his weight in gold. After the session what feedback do we give? Richard Twomey Oral feedback is given to each witness How long does a Bond Solon Partner following the mock cross-examination to witness familiarisation DWF help them understand what the hearing requires. We also complete a written session last? assessment form which we are able to The length of the training depends on the discuss with you after the session or return number of witnesses. Usually allow three to you as soon as possible after the session. hours for one witness and up to a full day Having an experienced for between 4-6 witnesses. After the initial ‘ independent‘ third party session, some witnesses may require a follow up cross-examination session. familiarise witnesses with the ‘‘process is invaluable and their training is always gratefully received. Tim Hardy Head of Commercial Disputes CMS Cameron McKenna Nabarro Olswang LLP 4 www.bondsolon.com 020 7549 2549 [email protected] Session 1 – Witness Session 2 – Follow up Cross - Familiarisation Examination ‘ This session is designed to ensure If your witnesses are likely to be required I confirm that‘ we were successful that witnesses undergo a process of to give evidence for longer than half a day at trial and that the judge referred familiarisation to gain knowledge of the or if you have any specific concerns we in his written judgment to the “very procedures involved and to enable them would recommend they also attend the to give a coherent account at the hearing. Follow up Cross-Examination session. ‘‘clear and helpful evidence of our The session will provide witnesses with client.” This session has been designed as a follow the knowledge, skills and confidence to on to the Witness Familiarisation session. present evidence effectively. Witnesses will have in-depth cross- Paul Walsh The procedure for giving evidence, the examination and gain mastery of delivery Partner order of events and the roles of different of evidence.
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