26Communication with witnesses under cross-examination

26 Communication with witnesses under cross-examination

26 Communication with witnesses under cross-examination

26.1 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—

26.1.1 the cross-examiner has consented beforehand to the solicitor doing so, or

26.1.2 the solicitor—

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

(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.