In a Law360 article titled "4 Simple Rules for Witness Note Taking," Shook Partner Matt Keenan explains his strategies for using witnesses' notes to advance his case. "There are really only two kinds of witnesses," he states. "Those who ask permission to take notes in advance of the deposition, and those who don't but do anyway. With proper safeguards, it's my experience that witness notes created during deposition preparation are the witnesses' best friend."
Keenan describes each rule, including the document preparation and the implementation of quality oversight. "Witnesses who are preparing to give testimony in litigation deserve counsel who can give them the most effective tools to make the endeavor successful," he concludes. "Recognizing that allowing witnesses the freedom to create a road map to become prepared, and then using their documents as a bedrock as needed, has worked very well."