Be Prepared
Set aside a significant amount of time to prepare for a witness meeting. Carefully review the substantive issues involved, create a detailed outline of questions and organize case documents to review with the witness. Government witnesses do not necessarily view being involved in your case as real work and they may not give your case the attention it needs. It’s your job to convince them to focus on their testimony. Also check a witness’ social media profile and, if feasible and appropriate, do a criminal background check. Review of a witness’ “brand” on social media may be a fertile area for cross-examination of your witness. You don’t want information gleaned by your opponent to surprise you.
Help the Witness Focus
Schedule the preparation meeting at a time that allows the witness to focus well, asking what time of day works best. It may be useful to hold the session at the witness’s place of employment so that documents that may need to be reviewed are accessible, but the meeting room should be insulated from outside distractions such as phone calls/emails or other business demands.