The Witness Everyone Believes

One of the most dangerous sentences in arbitration is:

"He'll make a great witness."

Perhaps.

The executive may be intelligent, credible and completely certain about what happened.

Then opposing counsel shows him an email he wrote four years earlier.

Memory is not a document.

And confidence is not credibility.

The witnesses who worry counsel before a hearing are obvious. The more dangerous ones are sometimes those everyone stopped worrying about months ago.

Prepare the difficult witness.

Test the convincing one.