Writing a witness statement.
Discussion
A solicitor has asked me to write a witness statement and I am a bit lost, honestly.
He says he want the statement in terms of "you" rather than "I".
So I clarified "Louis was driving down the road when his car was involved in a collision"?
He has responded "No, you were driving down the road when your involved in a collision".
Can anyone explain what he means please?
I cannot see how the statement of the first person can be narrated in the second.
He says he want the statement in terms of "you" rather than "I".
So I clarified "Louis was driving down the road when his car was involved in a collision"?
He has responded "No, you were driving down the road when your involved in a collision".
Can anyone explain what he means please?
I cannot see how the statement of the first person can be narrated in the second.
Edited by Louis Balfour on Monday 27th July 12:01
Who are you writing the statement for? Is it yourself? Is it a criminal case or a small claims / private court jobby?
And are you paying the solicitor?
I would be half tempted to write it how you see fit and then get THEM to adjust the terminology to their liking. More so especially if you're trying to help someone else.
Writing in such a way is very unnatural so of course you would struggle.
And are you paying the solicitor?
I would be half tempted to write it how you see fit and then get THEM to adjust the terminology to their liking. More so especially if you're trying to help someone else.
Writing in such a way is very unnatural so of course you would struggle.
That's what confuses me.
I could understand a solicitor asking their client to write their chronology of events, and then them hashing that into a formal version of it as required for a witness statement, but the OP seems to have been left to his own devices to do it.
Are you paying this solicitor OP? I presume you must not be and they're doing it pro-bono, or you're trying to minimise costs by writing the legal documents yourself? (I don't even know if this is a thing)
I could understand a solicitor asking their client to write their chronology of events, and then them hashing that into a formal version of it as required for a witness statement, but the OP seems to have been left to his own devices to do it.
Are you paying this solicitor OP? I presume you must not be and they're doing it pro-bono, or you're trying to minimise costs by writing the legal documents yourself? (I don't even know if this is a thing)
Its your witness statement you write it how you want to and send it to the solicitor.
You sign a decleration that it is your statement..the solicitor doesnt.
If the solicitor asks you to amend or clarify it i would start "i have been asked by...to amend / clarify my original statement dated..
You sign a decleration that it is your statement..the solicitor doesnt.
If the solicitor asks you to amend or clarify it i would start "i have been asked by...to amend / clarify my original statement dated..
Just had an email from him, giving an example:
You were the victim of online stalking and harassment as part of a racially motivated hate crime. You reported the matter to the Merseyside Police as the person had been racially offensive in person and by email. The police did not help, forcing you to etc etc.
'On 3rd April 2020 I received ten messages of an offensive, racist nature from an account belonging to Mr X. I reported the matter to Liverpoolside Police on the 4th April which was recorded as reference ABC. I did not receive any response until the 15th April when I received a message from PC Useless saying they had investigated and would not be taking further action. As a result I was forced to delete my social media accounts and purchase a short block of wood which I hammered a nail into one end and ..'
that sort of thing, I think
that sort of thing, I think
essayer said:
'On 3rd April 2020 I received ten messages of an offensive, racist nature from an account belonging to Mr X. I reported the matter to Liverpoolside Police on the 4th April which was recorded as reference ABC. I did not receive any response until the 15th April when I received a message from PC Useless saying they had investigated and would not be taking further action. As a result I was forced to delete my social media accounts and purchase a short block of wood which I hammered a nail into one end and ..'
that sort of thing, I think
No, what he is saying is that I would write that:that sort of thing, I think
On 3rd April 2020 you received ten messages of an offensive, racist nature belonging to Mr. X. You reported the matter to etc etc.
Can anyone legally trained explain why he might want it in this format? It's going to make hard work of it,
Doesn't make sense to me.
I wrote my WS in the first person. I can imagine writing it any other way would be both confusing and prone to perspective errors.
The final statement has to say that "I believe the facts stated in this witness statement to be true", which doesn't square with writing it in the second person.
Bizarre.
I wrote my WS in the first person. I can imagine writing it any other way would be both confusing and prone to perspective errors.
The final statement has to say that "I believe the facts stated in this witness statement to be true", which doesn't square with writing it in the second person.
Bizarre.
Louis Balfour said:
No, what he is saying is that I would write that:
On 3rd April 2020 you received ten messages of an offensive, racist nature belonging to Mr. X. You reported the matter to etc etc.
Can anyone legally trained explain why he might want it in this format? It's going to make hard work of it,
The only reason I can think of is that he does not know how to write a witness statement?On 3rd April 2020 you received ten messages of an offensive, racist nature belonging to Mr. X. You reported the matter to etc etc.
Can anyone legally trained explain why he might want it in this format? It's going to make hard work of it,
You should however make a statement of facts and not supposition nor argument i.e. on 03 April 2020 I received a text message timed at 10.03am from Mr XX which stated "YYYYY".
On XX I reported these messages to XX Police via the 111 telephone service....
Durzel said:
Doesn't make sense to me.
I wrote my WS in the first person. I can imagine writing it any other way would be both confusing and prone to perspective errors.
The final statement has to say that "I believe the facts stated in this witness statement to be true", which doesn't square with writing it in the second person.
Bizarre.
My guess is OP is not actually dealing with a qualified solicitor.I wrote my WS in the first person. I can imagine writing it any other way would be both confusing and prone to perspective errors.
The final statement has to say that "I believe the facts stated in this witness statement to be true", which doesn't square with writing it in the second person.
Bizarre.
See para 18.1 et seq.
https://www.justice.gov.uk/courts/procedure-rules/...
Edited by agtlaw on Tuesday 28th July 10:30
agtlaw said:
Durzel said:
Doesn't make sense to me.
I wrote my WS in the first person. I can imagine writing it any other way would be both confusing and prone to perspective errors.
The final statement has to say that "I believe the facts stated in this witness statement to be true", which doesn't square with writing it in the second person.
Bizarre.
My guess is OP is not actually dealing with a qualified solicitor.I wrote my WS in the first person. I can imagine writing it any other way would be both confusing and prone to perspective errors.
The final statement has to say that "I believe the facts stated in this witness statement to be true", which doesn't square with writing it in the second person.
Bizarre.
See Rule 18.1 et seq.
https://www.justice.gov.uk/courts/procedure-rules/...
Edited to add, it would have made life easier had he sent me an example from the get go. I don’t habitually write statements or In that style.
Edited by Louis Balfour on Monday 27th July 17:35
I still find it strange that he's asking you to write it at all, in the sense that he seems to want you to write the actual WS in the prescribed way, when it is presumably clear to him that you have no idea how to do it.
Admittedly i have little experience of this but I'd assume a solicitor who has been formally engaged would, at this stage, be pretty familiar with the case and be simply asking you for a chronology of the events as you remember them, and would then take that and write the WS themselves.
Obviously if they're doing it pro-bono or have come in to it late in the process then that changes things, but I still wouldn't expect them to ask a layperson to write it in the formal way prescribed.
Admittedly i have little experience of this but I'd assume a solicitor who has been formally engaged would, at this stage, be pretty familiar with the case and be simply asking you for a chronology of the events as you remember them, and would then take that and write the WS themselves.
Obviously if they're doing it pro-bono or have come in to it late in the process then that changes things, but I still wouldn't expect them to ask a layperson to write it in the formal way prescribed.
agtlaw said:
Louis Balfour said:
Yes the guy is a senior solicitor I believe.
Edited to add, it would have made life easier had he sent me an example from the get go. I don’t habitually write statements or In that style.
DM his details.Edited to add, it would have made life easier had he sent me an example from the get go. I don’t habitually write statements or In that style.
Edited by Louis Balfour on Monday 27th July 17:35
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