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Witness Counsel in Criminal or Civil Proceedings

As a witness, it is generally your duty to testify fully and truthfully.

There can be many reasons for hiring a lawyer as witness counsel in the event of a witness summons:

Even for a so-called “invulnerable witness”, who is not threatened with prosecution in any aspect, it can make sense to have a lawyer experienced in criminal law accompany their testimony as witness counsel, particularly in court. Even “invulnerable witnesses” often feel uncomfortable in court and wish for support in this unfamiliar situation.

In white-collar criminal law in particular, however, the risk of being wrongly transformed from a witness into a defendant (so-called “endangered witness”) is extraordinarily high. This can, for instance, affect an anaesthesiologist who was involved in a failed operation or company employees in relation to questionable decisions made by their superiors.

In such cases, the effective exercise of the “right to withhold information” (cf. § 55 StPO), which under special circumstances can even authorize a complete refusal to testify (so-called “mosaic theory”) is of considerable importance.