Horse-Shedding Witnesses

Article by Keith A. Call and Benjamin Cilwick

Originally appeared in the Utah Bar Journal Sep/Oct 2021

Author James Fenimore Cooper is believed to be the originator of the phrase “horse-shedding,” a reference to the practice of attorneys who lingered in carriage sheds near the courthouse in White Plains, New York, to rehearse their witnesses. Lawyers’ obligations to be truthful and honest extend beyond their own statements and omissions. In the context of witness preparation, lawyers must not attempt to lie or dishonestly advocate via witnesses. Lawyers are barred from “counsel[ing] or assist[ing] a witness to testify falsely.” Utah R. Pro. Conduct 3.4(b).  View full article >>>

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