Training people to give evidence in court is growing, writes CAROL COULTER
‘WHERE THE recession has devastated the more traditional industries in Ireland, there are new opportunities popping up in some of the most unusual areas.
“The communications business has been hit for many companies but, for one company in particular, witness preparation is becoming the most sought-after expertise of them all.”
So says Limelight Communications, which offers to prepare witnesses who are about to give evidence in a trial, tribunal or inquiry.
The training is provided by Rory Egan, son of the late Supreme Court judge Mr Justice Séamus Egan. He studied law for a time, but went into business ending up in communications.
He told The Irish Timesthat solicitors were reluctant to take witnesses through their evidence and were happy to seek assistance from companies like his.
“We have far more experience in helping people through this difficult time and getting them to organise their thoughts,” Mr Egan said. “Many people wouldn’t be able to tell you their own name when put in the witness box first.
“They need time to familiarise themselves with the process before they can cope properly with a senior counsel cross examining them.”
Both the Bar Council and the Law Society were lukewarm about the emergence of such a service, stressing they could have no involvement with a commercial organisation that was not a law firm.
The Bar Council code of conduct provides, in paragraph 5.18, that “barristers may not coach a witness in his or her evidence”.
“It is, of course, perfectly proper to identify areas or issues which a witness should address in his or her evidence (particularly in respect of an expert witness) and to ascertain what evidence the witness would or could give in relation to such, but it is not appropriate to seek to influence the substance of what the witness would say or seek to persuade the witness that he or she should say X rather than Y in that regard,” it says.
“General advice to witnesses, such as advising a witness to listen carefully to the question being asked and to confine their answer to that question, is not considered to constitute coaching.”
James MacGuill, former president of the Law Society asked: “How can people be coached to give evidence as to fact? Expert witnesses giving evidence of opinion is a different matter.
“In the UK there are well- established protocols as to what expert witnesses can and cannot do, there are courses on how to present expert evidence,” Mr McGuill added. “You’d be very concerned if a person was facing someone in court with more resources who had been able to pay for their witnesses to be coached.”
Mr Egan said: “The preparation course we do is nothing like the ‘coaching’ methods used in the US and other countries. We are very strict on keeping within the ethical boundaries that Ireland particularly enjoys.
“The preparation course helps people present their evidence in a clear and credible manner, deal with questions that challenge their view and understand the court process and what is expected of them,” he said.
“We bring witnesses through the best way to present a story and help them judge for themselves what unnecessary detail is and what may be crucial evidence.”
He understood the concerns of the Law Society and the Bar Council, but added: “I have given our pledge to the Law Society, the Bar Council and every private client, solicitor or barrister that I have worked with that we will not interfere with or try to alter the honest testimony of witnesses.
“In fact our notes, which we deliver after our session, emphasise the need to be honest, the offence of perjury and the folly of tying yourself up in untruths which are easily discovered in the stressful atmosphere of a court of law.”