REVIEW DEFENSE WITH DEFENDANT

   A lawyer will spend weeks in preparation for a case that will last only a few days in trial. And the lawyer is an adept person, poised during the involvement of the court.

   The local chairman is not concerned with precedents as is the lawyer, but he should not slight an opportunity to study the facts of the case with the accused and analyze the merits of the case and determine the future strategy.

   At the first meeting this will require a full and frank explanation by the defendant of the part he played in the incident, and the part played by the various principals, and the witnesses.

   The defendant should be warned at this time that if he is required to make a written statement upon the company's orders, the statement should be limited to facts of record and not discussion about individuals concerned.

   The defendant should be advised as to the danger of admitting he did not comply with certain rules. He should be warned of the danger of proffering information at the hearing. An understanding should be reached that he should not ask questions -- or at least until cleared with his representative.

   Of course there are Monday Morning Quarterbacks on the railroads, but on the railroad this avocation is not limited to one day of the week. To forestall this second-guessing, we sometimes tell our men that they acted with wisdom and diligence at the time, even though in the light of later developments they would have acted differently. This is stated in the following award:

   It is a well settled principle of law that no fault can be predicated on an error of judgment unless the error of judgment is brought about by prior neglect on the part of the actor. NRAB 1st Div. 9924

   And finally, some defendants go "blank" or panic on the stand, so it is wise to have a system such as shin-kicking or handkerchief-on-hand sign to assist them in their answers.