The rules are less prescriptive and less strict in the land of the free, writes Mark Solon

George Bernard Shaw described England and America as 'two countries divided by a common language'. That division extends equally to the two countries' legal systems and their approaches to witnesses preparation.

An English barrister or solicitor is more constrained than their counterpart American attorney when it comes to preparing a witness for their day in the spotlight - whether that be in a courtroom or arbitration. As Ben Holland, a partner in international dispute resolution in the London office of US firm Squire Patton Boggs, explains, that stricture comes not from legislation, but from the conduct rules of the two English professions.