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 ‘‘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 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 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. Each witness will have more people at the hearing will be explained. practice and experience in dealing with

The techniques lawyers use in cross- the techniques lawyers use in cross- examination to disconcert and discredit examination and how to handle them witnesses will be examined. The first part effectively. Witnesses can be videoed and ‘ of the session is designed to demystify the their performance will be analysed. ‘ process of giving evidence. In the second • Dealing with in depth cross- part witnesses will be cross-examined on It was not until about 10 minutes examination a hypothetical case study. into the cross examination that • Gain mastery of delivering oral • The practice, procedures and evidence I fully realised quite how much etiquette of giving factual evidence benefit the training had been. • Assessing the witness’s performance ‘‘ • How the adversarial system works and using the video to enhance the • The layout and roles of various people witness’s skills Philip Keane at the hearing • Getting to the essence of a complex Factual Witness • Whom to speak to and how to case Referred by Berwin Leighton address them • Communicating clearly with the Paisner LLP

• Personal preparation decision maker

• Taking the oath or affirmation with • Handling difficult cross-examination

confidence techniques confidently

• Techniques lawyers use in cross- examination ‘ • Problems that can arise in cross- It was priceless in providing me ‘ examination and how to handle them with a thorough level of • Giving coherent, sequential testimony understanding of the workings under difficult cross-examination ‘‘of the court, etiquette and generally raising my confidence in preparation for the day’s events. Susan Richards Factual Witness These courses are tailored to address the needs of either Witnesses of Fact or Barclaycard Expert Witnesses.

www.bondsolon.com 020 7549 2549 [email protected] /company/bond-solon-training @BondSolon 5 Don’t take our word for it...

“Roman Abramovich, the owner of Chelsea, chose to go through a “The particular case which you helped us on last year involved lay and witness familiarisation course…run by Bond Solon…For someone expert witnesses, none of whom had given evidence before. They who admitted that he gets so nervous that he does not give public were all extremely positive about the familiarisation process. One of statements, he remained calm under pressure during nine days in the them said that it was by far the most useful and practical training he witness box. Berezovky’s counsel described it as a “highly controlled had had in his entire career. They also felt much less daunted by the performance” by Abramovich who was “meticulously” prepared.” prospect of giving evidence than they had been before the training.” The Times, January 2012 Roland Foord Partner, LLP “I have yet to meet a witness who happily steps up into the box, most fearing some tricky lawyer will twist their words and make them look “Bond Solon has consistently provided Rosenblatt’s clients with a sound foolish. Unfortunately, they look to calling them to protect understanding of the court process and put them in a position to feel them and in over 40 years of litigating I have found that one of the most comfortable at trial and able to give evidence confidently. The sessions effective tools is witness training provided by Bond Solon. Having an are easy to arrange and they can take place anywhere at whatever time experienced independent third party familiarise them with the process suits the client. An excellent service.” is invaluable and their training is always gratefully received.” Diana Rounce Tim Hardy , Rosenblatt Solicitors Head of Commercial Disputes, CMS Cameron McKenna Nabarro Olswang LLP “The Bond Solon training was beautifully tailored and delivered to some challenging would-be witnesses, both factual and expert. The “I have made use of Bond Solon’s Witness Familiarisation service on a witnesses all found the training extremely instructive and helpful. number of occasions. Having foresight as to the procedures followed The case undoubtedly benefited and our client is delighted that we in tribunals and courts, plus some practice of giving evidence in a recommended the use of Bond Solon.” mock hearing has ensured my witnesses are much more confident when presenting their testimony in the real thing. I will continue to Ashley Mott use Bond Solon in supporting my witnesses.“ Partner, DLA Piper UK LLP Gareth Brahams Managing Partner, Brahams Dutt Badrick French LLP “Thank you for your most excellent witness familiarisation session. I was heard on Wednesday afternoon. The barrister and solicitors for our side and the claimant complimented my performance. The “Bond Solon worked extremely hard to meet our clients’ needs which opposing witness was not well prepared and came across less included overseas training and training using video conference credible. Thank you very much for getting me ready.” facilities, sometimes at short notice. The training helped focus Charles T. Cleaver the witnesses’ minds and gave them confidence in relation to the Senior Vice President, Cabot Aviation prospect of giving evidence at trial. Follow up training was easily arranged and the feedback from the witnesses’ was positive and enthusiastic. An invaluable service.” “The training given by Bond Solon was vital for our witnesses who were giving evidence for the first time. It transformed even the most nervous Georgina Bayley and reluctant individual into a calm, clear and measured witness, even Solicitor, Withers LLP under extraordinary pressure in cross-examination. I have no doubt that the training vastly improved the weight given to her evidence.” “Witness training is an important part of modern dispute resolution. It is fair and proper to educate individual witnesses about what they Andrew Burnette might expect to experience during the legal process, and what Partner, LLP their role is. Bond Solon are a reliable, experienced and helpful provider of training services - providing valuable support to the dispute resolution team.“ Melanie Willems Head of International Arbitration, Andrews Kurth LLP Courtroom sketches reproduced by permission of Priscilla Coleman, ITV News. For commissions or further information visit www.priscilla-coleman.co.uk

6 www.bondsolon.com 020 7549 2549 [email protected] We work with a broad range of organisations including: LAW FIRMS Enyo Law Milbank, Tweed, Hadley & McCloy LLP Alexiou Fisher Philipps Allen & Overy Farrer & Co Muckle Ashurst Freshfields Bruckhaus Deringer Baker McKenzie Payne Hicks Beach Fladgate Bird & Bird Government Legal Reed Smith Bond Dickinson Gowling WLG RPC Freehills Shoosmiths Boodle Hatfield Sidley Austin HFW Signature Litigation Burges Salmon Howard Kennedy Simmons & Simmons Charles Russell Speechlys Ince & Co Skadden, Arps, Slate, Meagher & Flom Clarke Wilmott Jones Day Slaughter & May Clifford Chance K&L Gates Stephenson Harwood Clintons Latham & Watkins Steptoe & Johnson Clyde & Co Laytons CMS Cameron McKenna Nabarro Olswang Lewis Silkin DAC Beachcroft Weil, Gotshal & Manges DLA Piper White & Case DWF Mills & Reeve Withers

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Free one-hour continuing professional development training The training session has been designed to provide litigators with a comprehensive understanding of case law and guidelines in relation to Witness Familiarisation. The session is interactive and will explore the problems that lawyers encounter with both factual and expert witnesses at the evidence giving stage, and how best to address these issues through Witness Familiarisation, in accordance with the current law. The material covered will count towards continuing competence as required by the Solicitors Regulation Authority. If you would like to organise a free one-hour session to take place at your offices, please call 020 7549 2549 or [email protected]

www.bondsolon.com 020 7549 2549 [email protected] /company/bond-solon-training @BondSolon 7 BOND SOLON BOND Wilmington Legal

BOND Bond Solon SOLON6-14 Underwood Street, , N1 7JQ 020 7549 2549 www.bondsolon.com [email protected] @bondsolon SOLON /company/bond-solon-training BT122263