How do i prevent a client from testifying in court when the…

All parties involved in a case that has gone to court have the same right of access to a witness, the exception being a dead witness, which is not the case here.

Depositions, too, are supposed to provide all parties access, and - to the best of my knowledge - are always taken under oath. But they do not replace court testimony (they can be used, however, to challenge testimony as in the case of "you said that, now you are saying this.")

An attorney who does not want his client to give testimony because of the risks of perjury and/or exposure of information harmful to the client or the case should not allow that client to testify.

The only option that occurs to me is that if there is something that the attorney and client thinks the opposition might agree is true in advance, then that fact can be "stipulated to." In other words, that item is not being contested in court.

Example: No one is going to argue that so-and-so was on the premises of this establishment. It is stipulated that so-and-so was indeed on the premises.

Notice that there was no stipulation as to when this occurred nor to other circumstances. It merely removes his or her presence as a item of dispute (perhaps because fingerprints or DNA place the client at the scene).

I hope this is helpful. Please remember that no advice here replaces advice from an attorney; and if you are seeking genuine legal advice, you should open the question again in the legal area and ask for both a) an interpretation of the law in your state of residence; and b) a suggestion as to what category of attorney to talk to and where best to find such an attorney.

Best wishes,

Michael

I would think there are circumstances where either a barrier or a visual block would be permissible. One would only have to block the victim from the accused, not from the jury. Even then, it might be possible.

The problem is that the jury is supposed to have the ability to examine the testifier, their demeanor, anything that is suggestive of their trustworthiness. On the other hand, it is the testimony, per se, that is supposed to be the basis for a decision. I am sure that this has been argued time and again. I have no idea of whether there are federal decisions about the nature of the testimony's presentation or if it varies state by state..