When Paying a Fact Witness is Inappropriate
A recent suspension imposed by the Nevada Supreme Court sends a cautionary message to lawyers who might offer to pay money to fact witnesses. The lawyer, Jonathan Callister, sent a …
A Lawyer May Pay “Reasonable Compensation” to a Fact Witness for Preparation Time
On May 22, 2017, the West Virginia Lawyer Disciplinary Board issued an advisory opinion as to “whether fact witnesses can be compensated for lost time spent testifying and/or preparing to …
Can I Make Any Payments to a Fact Witness?
Yes. Louisiana Rule of Professional Conduct 3.4(b) provides that “[a] lawyer shall not . . . offer an inducement to a witness that is prohibited by law.” Given this language, …