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The Ethics of Witness Preparation “The lawyer’s duty is to extract the facts from the witness, not to pour them into him; to learn what the witness does know, not to teach him what he ought to know.” – In re Eldridge, 37 N.Y. 161, 171 (N.Y. 1880) PREPARING THE WITNESS thrusts the lawyer into an inevitaabl conflict that is inherent in our legal system. As a lawyer, it is your duty to represent your client with zealousness. This will necessarily require seeking out testimony that is favorable to...

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