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Witnesses: Selected Ethical Issues in Preparation and Presentation of Testimony 2023

Product ID: CA3530D
Presented By: State Bar of Wisconsin PINNACLE

Co-produced with the State Bar of Wisconsin Professional Ethics Committee

Can I get a witness? 

Every good lawyer knows that witnesses should be prepared before giving testimony. While there’s no explicit Supreme Court Rule on how to prepare witnesses, there are ethical duties that can be triggered by your interactions with them.

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Select a Format

OnDemand seminar

Pricing

Member $139.00

Non-Member $189.00

Credits

1.5 CLE

Upon purchase, this OnDemand program is available to view for 90 days.

EPR credit is not available for OnDemand programs.

Quantity:
Maximum quantity must be less than or equal to 1.

Co-produced with the State Bar of Wisconsin Professional Ethics Committee

Can I get a witness? 

Every good lawyer knows that witnesses should be prepared before giving testimony. While there’s no explicit Supreme Court Rule on how to prepare witnesses, there are ethical duties that can be triggered by your interactions with them.

Read More ↓

Ben K. Kempinen is a cum laude graduate of the University of Wisconsin Law School and taught at the Law School from 1976 until his retirement in January of 2018. In addition to teaching the first-year criminal law curriculum and a number of related courses (Trial Advocacy, Professional Responsibilities, and Advanced Substantive Criminal Law), Prof. Kempinen was involved in several of the Law School's clinical programs, including serving as interim director of the Legal Defense Project; working as a supervising attorney in the Frank J. Remington Center's Legal Assistance to Institutionalized Persons Project (LAIP); and, from 1990 until his retirement, acting as director of the Remington Center's Prosecution Project. Prof. Kempinen has also been involved in both trial and appellate litigation in the criminal law area, has taught at the National Institute of Trial Advocacy, has participated in a variety of conferences and continuing legal education programs during the past two decades, served on the Wisconsin Supreme Court Ethics 2000 Committee, and is the chair of the State Bar Ethics Committee.

Timothy J. Pierce has been Ethics Counsel for the State Bar of Wisconsin since 2004. He received his undergraduate degree from the University of Wisconsin-Madison and his law degree, cum laude, from the University of Wisconsin Law School. Mr. Pierce was previously a Deputy Director at the Office of Lawyer Regulation in Milwaukee and Madison. He has also been employed as the Ethics Administrator for Milbank, Hadley, Tweed & McCloy, in New York, and as an Assistant State Public Defender in Racine. He is a member of the State Bar of Wisconsin. He is a frequent speaker on matters of professional ethics and has given hundreds of CLE presentations to a wide variety of groups on professional responsibility law. He serves as reporter for the State Bar’s Committee on Professional Ethics and writes the monthly “Ethical Dilemmas” column for the State Bar of Wisconsin. He has also taught Professional Responsibilities at the University of Wisconsin Law School since 2011 and currently serves as a Volunteer Subject Matter Expert for the MPRE.

  • Discover techniques for witness preparation that comply with the Rules of Professional Conduct
  • Comply with ethical obligations when working with recalcitrant witnesses, witnesses with adverse interests, or untruthful witnesses 
  • All lawyers
  • Paralegals 
  • Legal administrators 
  • Law office staff
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