Preparing Witnesses for Deposition and Trial: Reconciling Demands of FRCP 26 and FRE 612

Protecting Attorney-Client Privilege and Navigating Work Product Challenges

Recording of a 90-minute CLE webinar with Q&A

Conducted on Tuesday, June 17, 2014

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will provide litigators a roadmap for preparing witnesses to testify at deposition and trial with an eye to considering the key risks relating to attorney-client privilege and the work product doctrine. The panel will outline best practices for preserving and maintaining the privilege and protecting work product.


When preparing witnesses for deposition and trial, counsel faces a number of pitfalls that can result in waiver of the attorney-client privilege and loss of work product protection.

The tension between FRCP 26 and FRE 612 is complex and often leads to disputes between parties. Counsel must be familiar with case law addressing the interplay of the two rules because there are no bright lines as to what documents are clearly protected.

Counsel must also have a clear understanding of the scope and application of the attorney-client privilege and work product protection when non-lawyers assist in witness preparation so that critical information and documents can be protected from discovery.

Listen as our authoritative panel of litigators discusses key privilege and work product issues that arise when preparing witnesses for deposition and trial and outlines best practices for avoiding pitfalls and maintaining the privilege and protecting work product.



  1. Privilege and work product protection under FRCP 26
  2. Protecting core work product form disclosure under FRE 612
  3. Balancing FRCP 26 vs. FRE 612: case law developments
  4. Best practices for protecting privilege and work product in witness preparation


The panel will review these and other key questions:

  • How can counsel best resolve the tension between FRCP 26 and FRE 612 when dealing with documents used to prepare witnesses?
  • What can counsel taking the deposition do to maximize the ability to obtain documents used by the witness?
  • What unique issues arise in the context of 30(b)(6) depositions of corporate representatives?


Steven C. Bennett
Steven C. Bennett

Park Jensen Bennett

Mr. Bennett's practice focuses on complex domestic and international commercial litigation and arbitration,...  |  Read More

Teresa Rider Bult
Teresa Rider Bult

Constangy Brooks & Smith

Ms. Bult primarily focuses her practice on mediation and employment litigation defense, and has successfully tried...  |  Read More

Coby Cohen
Coby Cohen
Assistant General Counsel - Litigation & Employment
Knowledge Universe

Mr. Cohen has a breadth of legal experience.  He has worked in private practice with a large law firm as a...  |  Read More

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