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Roberta Flowers, Commentary on Do Elder Law Practitioners and the American Legal Profession Need and Ethical Confidentiality Rule or Can Both Do without ABA Model Rule 1.6?, 16 NAELA Journal 127 (2020)Clicking on the button will copy the full recommended citation.
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Roberta Flowers, The Whole is More than the Sum of Its Parts: Holistic Elder and Special Needs Law Practice in the Real World, 14 NAELA Journal 91 (2018)Clicking on the button will copy the full recommended citation.
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Roberta Flowers et al., Aspirational Standards for the Practice of Elder and Special Needs Law with Commentaries: Second Edition, April 24, 2017, 14 NAELA Journal 1 (2018)Clicking on the button will copy the full recommended citation.
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Roberta Flowers, The Aspirations Standards: Only Getting Better with Age, 14 NAELA Journal ix (2018)Clicking on the button will copy the full recommended citation.
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Rebecca C. Morgan et al., Elder Law In Context (Wolters Kluwer, 2017)Clicking on the button will copy the full recommended citation.
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Roberta Flowers, Can I/Should I Sell Law-Related Financial Services to Clients?, 13 NAELA Journal 15 (2017)Clicking on the button will copy the full recommended citation.
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Roberta Flowers and Amos Goodall, In Fear of Suits: The Attorney’s Role in Financial Exploitation, 10 National Academy of Elder Law Attorneys Journal 175 (2014)Clicking on the button will copy the full recommended citation.
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Roberta Flowers and Rebecca C. Morgan, Ethics In The Practice Of Elder Law (2013)Clicking on the button will copy the full recommended citation.
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Roberta Flowers, The Five Commandments of Preparing Diminished-Capacity Witnesses, 22 Experience 28 (2012)Clicking on the button will copy the full recommended citation.
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Roberta Flowers, Witness Preparation, Regulating the Profession’s Dirty Little Secret, 38 Hastings Const. L.Q. 1007 (2011)Clicking on the button will copy the full recommended citation.
Witness preparation is considered by most criminal attorneys to be an essential part of trial advocacy. This paper addresses the ethical restraints on this common practice. It looks at whether the ABA Model Rules of Professional Conduct and/or the proposed ABA Criminal Justice Standards give sufficient regulation and guidance. It then suggests several factual scenarios where the current standards and rules give very little guidance. This paper suggests that the American Bar Association’s Criminal Justice Standards should include guidelines that direct the criminal attorney to avoid conduct that may not be intended to influence the witness to testify falsely, but which by its nature may have the potential to create false testimony. Additionally, the standard should contain a list of attorney conduct that could unintentionally produce false testimony. Finally, this paper proposes two standards that might provide some guidance in this important area of trial preparation that is routinely practiced, hidden from view, and many times difficult to expose.