Is coaching the witness allowed?

The short answer is no. However witness familiarisation and performance psychology coaching is allowed.

In R v Momodou [2005] EWCA Crim 177, prohibition of coaching does not simply protect against mendacious clients with over-zealous lawyers. The risks of innocent contamination of witnesses are significant:

"The witness should give his or her own evidence, so far as practicable uninfluenced by what anyone else has said, whether in formal discussions or informal conversations. The rule reduces, indeed hopefully avoids any
possibility, that one witness may tailor his evidence in the light of what anyone else said, and equally, avoids
any unfounded perception that he may have done so. These risks are inherent in witness training. Even if the
training takes place one-to-one with someone completely remote from the facts of the case itself, the witness
may come, even unconsciously, to appreciate which aspects of his evidence are perhaps not quite consistent
with what others are saying, or indeed not quite what is required of him. An honest witness may alter the
emphasis of his evidence to accommodate what he thinks may be a different, more accurate, or simply better
remembered perception of events."

Judge LJ's opinion applies to criminal cases, but the Bar has suggested in its guidance that his prescriptions also apply to civil cases.

Here is the full article written in the Guardian which sets out the background to the rules which explain what you cannot do.

Why lawyers can't coach witnesses | Richard Moorhead | The Guardian

Here at the Law Barn we offer our clients an exclusive service.

If you want to;

understand the court process

understand your particular type of case and hearing venue

familiarise yourself with the venue you are attending

reducing uncertainty to help you stay calm

focus on your performance in the witness box.

discover how you are wired subconsciously and determine how that impacts your performance

keep your existing legal representative to talk with them exclusively about the merits of the legal and the factual issues

allow us work with you one on one to make sure your performance on the big day is as it ought to be.

This exclusive service is different. This is witness performance training. This is about you being effective on your feet on the day. Your ability to stay calm, think clearly and communicate on the day, having prepared yourself best you can.

Nearly all clients facing the prospect of answering questions in court will genuinely fear attendance and experience a loss of energy for that and other reasons.

For most the unfamiliar environment, legal process, factually complex or legally complex cases, difficult terminology and the stress of performing will affect their ability to think clearly focus and speak in a relaxed manner.

It follows that all witnesses save the most experienced will gain from witness preparation training to prepare for hearings

We work with clients who experience: anxiety, ‘pre-match nerves’, fudged thinking, frustrated or righteous anger, language barriers, communication challenges first timers and returners with prior negative experiences.

When is the right time to refer your client?

Optimum timing depends on case development the court timetable and/or client readiness. We can see clients at any time. The earlier we see them in conference the sooner we can begin to assess their communication style and the sooner we can begin to address issues, such as leaking energy needed for communicating effectively. Equally important is understanding and educating clients about the unique psychological needs which they require to improve their communication.

Training- what we offer

Two hour zoom meeting or in person in conference with the client £450 (no VAT)

Personal inventory profile (recommended) £250

Waiting charged at £95

Travel charged at £.35ppm.

Follow up email and telephone call max 15 mins (included) .

A copy of my ebook titled ‘Giving Evidence in Court’ ( included)