Which practice is permissible under fairness to opposing party or counsel?

• A. Paying a witness reasonable compensation for loss of time and related expenses incurred in testifying.
• B. Paying a witness contingent on the content of their testimony.
• C. Ignoring court rules to obtain an advantage.
• D. Withholding evidence the attorney is legally obligated to produce.

Answer: (A)

Under the fairness to opposing party or counsel rule, you may reimburse a witness for reasonable losses and expenses incurred to testify, such as time away from work and travel costs. The key is that the payment is for actual expenses and time, not for influencing what the witness will say. As long as the compensation is reasonable and not contingent on the content of the testimony, it is permissible.

Paying a witness contingent on what they testify would create a financial incentive to tailor their statements, which undermines the purpose of truthful testimony and is not allowed. Ignoring court rules to gain an advantage, or withholding evidence the attorney is obligated to produce, both breach ethical duties to the court and the integrity of the legal process.