Legal Definitions - horseshedding

Horseshedding refers to the process where an attorney prepares a witness, typically one who supports their client's position, on the best practices for giving testimony. This preparation focuses on how to respond to questions effectively and credibly, rather than dictating what specific answers to give. The goal is to ensure the witness understands the legal process, can communicate clearly, remains truthful, and maintains composure under questioning, especially during a deposition or trial.

• Example 1: Preparing for a Deposition

  A small business owner is being sued for breach of contract. Before their deposition, their attorney spends several hours with them. The attorney advises the owner to listen carefully to each question, answer only what is asked, avoid guessing or speculating, and to take a moment to think before responding, especially to complex questions. The attorney also explains the importance of maintaining a calm demeanor, even if the opposing counsel tries to provoke them.

  This is an example of horseshedding because the attorney is instructing their client (a witness favorable to their case) on the proper method of responding to questions during testimony (the deposition), focusing on clarity, composure, and truthfulness.

• Example 2: Witness Preparation for a Criminal Trial

  A prosecutor is preparing a key eyewitness, who observed a crime, to testify in a criminal trial. The prosecutor reviews the witness's prior statements and explains the structure of direct and cross-examination. They advise the witness to speak clearly and audibly, to make eye contact with the jury, and to simply state "I don't know" if they genuinely do not recall a detail, rather than trying to invent an answer. The prosecutor also prepares the witness for potential aggressive questioning from the defense attorney, emphasizing the need to remain calm and stick to the facts they observed.

  This scenario illustrates horseshedding because the prosecutor is preparing a witness who supports the prosecution's case by teaching them the proper method of delivering testimony in court, including how to handle cross-examination and communicate effectively and truthfully.

• Example 3: Testifying in a Regulatory Hearing

  An environmental agency is investigating a manufacturing company for alleged pollution. The company's lead scientist is scheduled to testify before a panel of regulators. The company's legal team conducts a session with the scientist, advising them on how to present complex technical information in an understandable way, to cite specific data and reports when possible, and to avoid jargon. They also instruct the scientist to acknowledge when a question falls outside their area of expertise and to avoid making policy recommendations, focusing strictly on scientific facts.

  This demonstrates horseshedding as the legal team is instructing a witness favorable to their client (the company) on the proper method of responding to questions in a formal setting (the regulatory hearing), emphasizing clarity, factual accuracy, and staying within their professional scope.