29Integrity of evidence – influencing evidence (ASCR 24)

29 Integrity of evidence – influencing evidence (ASCR 24)

(1)  A solicitor must not –

(a) advise or suggest to a witness that false or misleading evidence should be given nor condone another person doing so; or

(b) coach a witness by advising what answers the witness should give to questions which might be asked.

(2)  A solicitor will not have breached subrule (1) by –

(a) expressing a general admonition to tell the truth; or

(b) questioning and testing in conference the version of evidence to be given by a prospective witness; or

(c) drawing the witness’s attention to inconsistencies or other difficulties with the evidence, but the solicitor must not encourage the witness to give evidence different from the evidence which the witness believes to be true.