The Role of the Company Witness
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Drug Information Journal. Vol. 33, pp. 979-985. 1999 Printed in the USA. All rights reserved.
Copyright 0 1999 Drug Information Association Inc.
THE ROLE OF THE COMPANY WITNESS MICHAELDEMARCO, ESQ. Kirkpatrick & Lockhart, Boston, Massachusetts
This article provides an overview of the various roles of company employees and company witnesses for defendants in pharmaceutical litigation, and will discuss how to select the appropriate company witnesses, how to prepare them for their role in the litigation, and how to make effective use of them to further the interests of the corporate defendant. One of the most important roles for the company witnesses is to show the human side of the corporation in a compelling and credible manne,: Key Words: Company witness; Pharmaceutical litigation; Corporate defendant
CLARENCE DARROW ONCE observed, jury and who can convey the corporation’s “Jurymen seldom convict a person they like story to the jury in a credible and effective or acquit one they dislike. The main work of manner. Of course, corporate employees are ina trial lawyer is to make the jury like his client.” For lawyers who represent corpora- volved in the litigation long before the case tions-which are frequently viewed by the reaches the courthouse, and their role is not public as being artificial, cold, and faceless limited to that of a witness who testifies beentities focused only on achieving a financial fore the jury. More often than not, cases settle before trial, and in some instances, they are end-this can be a daunting task. To a corporate defendant involved in resolved even before a deposition of the corpharmaceutical litigation (and in other types poration takes place. Throughout the litigaof litigation), the lack of a corporate person- tion, corporate employees play an important ality which can be conveyed to the members role in educating the lawyer and in otherwise of the jury is problematic and, in some cases, assisting in the defense of the case. This article provides an overview of the can be devastating. It is, therefore, the job of defense counsel to infuse a human element various roles of company employees and into the common perception of the corpora- company witnesses for defendants in phartion as inanimate and unfeeling and to por- maceutical litigation, and will discuss how tray the corporation as a good person, a re- to select the appropriate company witnesses, sponsible citizen, or a friendly neighbor. If how to prepare them for their role in the the members of the jury like the corporation, litigation, and how to make effective use of them to further the interests of the corporate they will treat it fairly. To accomplish this, the lawyer must “hu- dcfendant. manize” the coporation. The first step in this process is to work with the corporate client EDUCATING THE LAWYER to identify those employees who can best personify the corporation in the eyes of the Selecting the Employees Reprint address: Michael DeMarco, Esq.. Kirkpatrick & Lockhart,715 State Street, Boston, MA 02109.
Except where the
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