Capacity Of Witnesses In Civil Proceedings
In the terms of civil proceedings, witnesses are often your most valuable resource.
They are also as much a potential source of recommendations as the client.
As a personal injury lawyer, you should always contact witnesses as soon as their identity is known.
Civilian witnesses are notoriously reluctant to participate unless they are pressured, particular if they have already been obliged to give evidence in criminal proceedings.
If their identity can be discovered, then a friendly informal letter should be written to them explaining who you are acting for and why their help is appreciated.
Although there are ways which it is possible to coerce a witness to turn up in court, this person might not produce evidence that is substantive and is persuasive enough for the courts to believe you.
Enclose an initial questionnaire, together with some guidance as to what sort of information you require.
Alternatively, it might be worth making an appointment to go and see them even if you are so tied up with the work at the office.
In a case where liability at the outset looks to be difficult or where there are many unanswered questions, a personal visit will be almost always essential and crucial in getting the answers that may add a reasonable amount of weight to your client's legal position.
It does not matter that you may perceive a witness to be a witness for the opposition; although it will happen rarely, if they are prepared to see you, go and see them in your capacity as a personal injury lawyer even if you suspect that they may be prejudiced.
Even if they have already been interviewed by the opposition side, if their evidence raises any unexpected points or reasonable doubts, there can be no objections to your approaching them to seek clarifications.
You will at least be able to evaluate the strength of the case against your client.
Nor are there any restrictions against seeing someone against whom you have made or are likely to made allegations of negligence, provided that you make this clear in the beginning and the fact that they are not compelled and not under any duty to talk to you.
They are also as much a potential source of recommendations as the client.
As a personal injury lawyer, you should always contact witnesses as soon as their identity is known.
Civilian witnesses are notoriously reluctant to participate unless they are pressured, particular if they have already been obliged to give evidence in criminal proceedings.
If their identity can be discovered, then a friendly informal letter should be written to them explaining who you are acting for and why their help is appreciated.
Although there are ways which it is possible to coerce a witness to turn up in court, this person might not produce evidence that is substantive and is persuasive enough for the courts to believe you.
Enclose an initial questionnaire, together with some guidance as to what sort of information you require.
Alternatively, it might be worth making an appointment to go and see them even if you are so tied up with the work at the office.
In a case where liability at the outset looks to be difficult or where there are many unanswered questions, a personal visit will be almost always essential and crucial in getting the answers that may add a reasonable amount of weight to your client's legal position.
It does not matter that you may perceive a witness to be a witness for the opposition; although it will happen rarely, if they are prepared to see you, go and see them in your capacity as a personal injury lawyer even if you suspect that they may be prejudiced.
Even if they have already been interviewed by the opposition side, if their evidence raises any unexpected points or reasonable doubts, there can be no objections to your approaching them to seek clarifications.
You will at least be able to evaluate the strength of the case against your client.
Nor are there any restrictions against seeing someone against whom you have made or are likely to made allegations of negligence, provided that you make this clear in the beginning and the fact that they are not compelled and not under any duty to talk to you.
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