Legal Definitions - woodshedding

Woodshedding refers to the comprehensive preparation of a witness by an attorney before they give testimony in a legal proceeding, such as a trial, hearing, or deposition. This process involves reviewing facts, discussing potential questions and answers, and familiarizing the witness with courtroom procedures and the overall legal context. The goal is to ensure the witness's testimony is clear, accurate, and consistent, and that they are comfortable and confident on the stand, without coaching them to present false or misleading information.

Here are some examples:

• Imagine a civil lawsuit where a former employee is suing a company for wrongful termination. Before the company's CEO is scheduled for a deposition, their legal team spends several intensive sessions with the CEO. They review all relevant emails, internal memos, and human resources documents, discuss the timeline of events, and conduct mock questioning sessions to anticipate difficult inquiries from the opposing counsel. This thorough preparation, aimed at ensuring the CEO's testimony is consistent with the company's defense and factual records, is an example of woodshedding.

• Consider a criminal trial where a key eyewitness to a crime is called to testify. The prosecutor meets with the witness multiple times before the trial. During these meetings, the prosecutor explains the layout of the courtroom, describes the roles of the judge, jury, and attorneys, reviews the witness's initial statement to refresh their memory, and discusses how to answer questions clearly and calmly, including potential cross-examination by the defense attorney. This process helps the witness feel prepared and less intimidated by the formal court setting, illustrating woodshedding.

• In a patent infringement case, an inventor is called as an expert witness to explain the technical aspects of their invention. The attorney representing the inventor's company dedicates significant time to preparing them. They go over the patent claims in detail, anticipate technical questions from the opposing side, and practice explaining complex engineering concepts in a way that a jury of non-experts can understand. This meticulous preparation to ensure the inventor can effectively communicate their expertise and defend their patent under scrutiny is another instance of woodshedding.