Legal Definitions - sandpapering

Sandpapering refers to the thorough preparation a lawyer undertakes with a witness before they give testimony in a legal proceeding, such as a deposition or a trial. This process involves familiarizing the witness with the legal environment, reviewing the facts of the case, discussing potential questions they might face, and guiding them on how to provide clear, truthful, and effective answers. The goal is to ensure the witness understands their role, feels comfortable, and can present their account accurately and confidently under questioning.

• Example 1: Corporate Litigation

  A technology company is facing a lawsuit alleging a defect in one of its software products. The company's Chief Technology Officer (CTO) is scheduled to testify about the product's development and testing protocols. Before the deposition, the company's legal team spends several hours with the CTO. They review technical documents, discuss how to explain complex engineering concepts in an understandable way for non-technical individuals, practice answering hypothetical questions about potential flaws, and advise the CTO on maintaining a professional demeanor and avoiding speculation.

  This is an example of sandpapering because the lawyers are meticulously preparing the CTO to articulate technical details clearly, anticipate challenging questions, and present their testimony effectively and truthfully in a formal legal setting.

• Example 2: Personal Injury Case

  A plaintiff in a personal injury lawsuit needs to testify about the extent of their injuries and how the accident has impacted their daily life. Before their deposition, the plaintiff's attorney meets with them multiple times. They review medical records, discuss how to describe their pain and limitations without exaggeration, go over the sequence of events leading to the injury, and explain the formal procedures of a deposition, including how to respond to questions from the opposing counsel and the importance of only answering what they know for certain.

  This illustrates sandpapering as the attorney is preparing the plaintiff to recount their personal experience accurately and appropriately, ensuring they are not overwhelmed by the legal process and can effectively convey the impact of their injuries.

• Example 3: Real Estate Dispute

  Two neighbors are involved in a property line dispute, and a third neighbor, who has lived in the community for over 40 years, is called as a witness to provide historical context regarding the property boundaries and usage. The attorney for one of the disputing parties meets with the long-time neighbor. They review old photographs and property deeds, discuss the neighbor's recollections of fences, landscaping, and shared access over the decades, and emphasize the importance of sticking to factual observations rather than opinions or hearsay. The attorney also familiarizes the neighbor with the courtroom environment and the questioning process.

  This is sandpapering because the lawyer is ensuring the neighbor's testimony is focused, factual, and relevant to the property dispute, helping them deliver their account clearly and confidently without being confused by legal procedures or inadvertently providing irrelevant information.