ABSTRACT
While some national systems view the substantive preparation of a witness’s testimony (‘witness proofing’) as unethical or even unlawful, others view it as essential to the proper preparation of a case for trial. For example, American and Australian lawyers would be loath to put a witness on the stand who has not been properly proofed. On the other hand, lawyers from jurisdictions such as the United Kingdom and many civil law systems are very uncomfortable with the practice, which they view as akin to coaching.
