Cross Examination of Witnesses

Following a recent decision of the High Court, the Litigation Committee wishes to bring to the notice of solicitors that they should advise their clients, and their witnesses, that a solicitor may not discuss the case with them prior to their cross examination being concluded.

The Bar Council have an absolute rule which precludes barristers from speaking to their clients, or their witnesses, in such circumstances.

The Litigation Committee however considers that this rule for solicitors is not absolute, as it may be necessary for solicitors to speak to their clients, or their witnesses, prior to cross examination being concluded, for purely administrative purposes. This may be quite simply to inform them of the time it might be necessary for them to attend Court on the following day or confirm their actual attendance.

However, under no circumstances should a solicitor discuss with his client, or his witnesses, matters arising, or which may be about to arise, out of their cross examination.