31Communication with witnesses under cross-examination (ASCR 26)

31 Communication with witnesses under cross-examination (ASCR 26)

A solicitor must not confer with any witness (including a party or client) called by the solicitor on any matter related to the proceedings while that witness remains under cross-examination, unless –

(a) the cross-examiner has consented beforehand to the solicitor doing so; or

(b) the solicitor –

(i) believes on reasonable grounds that special circumstances (including the need for instructions on a proposed compromise) require such a conference; and

(ii) has, if possible, informed the cross-examiner beforehand of the solicitor’s intention to do so; and

(iii) otherwise does inform the cross-examiner as soon as possible of the solicitor having done so.