Legal Question in Civil Litigation in California
simple question
My husband is being dragged into court to be a witness in a sexual harrassment suit. Both parties are "questionable' at best and I fear the counsel will ask him to say something prepared. Is this legal? Does my husband have the right to just show up and tell the truth without having to speak with counsel?
thank you
2 Answers from Attorneys
Re: simple question
As a sworn witness this is what he is supposed to do. It is illegal for an attorney to tell a witness what to say. An attorney may speak with a witness before hand if that witness is giving sworn testimony during a deposition, but an attorney is in no way allowed to tell a witness what to say. If your husband is uncomfortable with both parties, he should do what he feels comfortable doing. If he doesn't want to speak with anyone and just go in and tell his story that is perfectly okay. Good luck, and don't let anyone bully your husband into doing or saying something he doesn't want to.
Sincerely,
John Hayes, Esq.
Re: simple question
If I might just add a little clarification to John's good advice, no, your husband is not have to speak to any of the attorneys before testifying. If any of the attorneys contact him and want to discuss the case, he is free to tell them to save the questions for the courtroom. In a case like this, they might perceive him to be hostile and since there not quite sure what is going to say, they may even decide not to calm as a witness.