2nd post on the topic.
(the quoted material is from the syllabus of U.P. LL.M School Prof. Janice Lee, “Cross-Border Ethics”, with guest speaker today , International Arbitration practitioner and member of the Switzerland, Germany, England, and Wales bar, Prof. Johannes Landbrecht, PhD.)
(Many thanks to Prof. Jay, S.J.D., for making this available)
“… Combined with other instructions, a seemingly innocent reminder by the lawyer that a failure to recall a relevant detail is ‘just fine’, can be interpreted by a witness as an invitation to conceal unfavourable facts or provide a misleading answer. …” (Vasieliev, 2011. “From liberal extremity to safe mainstream? The comparative controversies of witness preparation in the United States”)
Pañero/Pañera, sino gumagawa sa ‘ten nito sa witness prep for cross — when you tell your witness, “alam mo, sa cross … kung minsan … alam mo, kasi — di ba, ang tagal na nun … ang tagal na nun eh. Parang, di na malinaw ang recollection mo di ba — eh di you don’t recall, di ba. You don’t recall.”
Ouch. (Lagot ka).
“Insofar as a failure to recall the fact that the witness actually does recall is false, it amounts to perjury and the respective advice by the lawyer to subornation of perjury…” (Ibid).