When someone is called to be a witness of any kind, no book or other outsider's advice can replace the need for good legal help. This seems obvious to anyone who has experience dealing with this question-and-answer format. However, it is not so obvious to many lawyers or laypeople.
There are lots of seemingly good excuses for a potential witness not to bother with a lawyer. Consider the following:
1. "I'll Just Tell My Story"
Nonsense. You are walking into a strange and unnatural environment, with a great deal at stake, where everyone else is experienced, comfortable, and prepared. You cannot adequately prepare for this challenge without professional help. Period.
2. "It's Too Expensive"
True. Both in time and money. It takes a lot of time, and legal fees today are extraordinarily high. If the witness has to pay a lawyer (I say "if" because an employer or other party may pay the fees; be sure to ask), it adds a new dimension of pain to an already burdensome experience. However, the real issue with cost is always relative. What's the alternative? Here, saving time and money up front by being a witness without counsel or without preparation can cost dearly later in time, money, and heartache.
3. "I Didn't Do Anything Wrong"
This is the toughest and biggest misperception. Most people think that you only need a lawyer if you've done something wrong, particularly in the witness environment. Counsel has to understand this misperception, then help the witness to get around it.
There are times when a lawyer serves as a "defender" of a client who has done something "wrong." However, the reach of investigations, litigation, and other inquiries today is incredibly broad, and definitions of what is wrong vary just as widely. A client needs help in navigating the mess. Given the harm that can come to people as a result of these inquiries, a witness is foolish to enter the world alone.
Moreover, even if the witness "hasn't done anything wrong" before getting onto the witness stand, the testimony itself may create a wide range of issues or problems. A lawyer may be able to find out, through joint defense agreements and other avenues, and help the witness avoid unnecessary conflicts and other pitfalls. In this and other ways, a lawyer can help guide the client through this risky process as safely as possible.
