2026-08-18 · 15 min read
Print PDF (firm letterhead)Witness status feels safe until formulations in the protocol are later used against the client, a relative or the company.
A witness must attend when summoned and tell the truth about known facts — but also has the right to counsel, to review the protocol and to add corrections.
Typical mistake: attending without a lawyer to avoid looking guilty. For a respected client, counsel at an interview is civilised procedure, not an admission.
Typical mistake: guessing or offering opinions where memory is uncertain. Speculation in a protocol reads as fact. It is better to state that you do not recall or cannot confirm.
If questions move into an area of personal interest or risk, pause for consultation with counsel. Movement from witness to suspect is common and should be anticipated.
Preparation includes mapping likely questions, identifying privileged or commercially sensitive topics and agreeing correct forms of answer at the margin.
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