Integrity of evidence

Question 1

69. B must not advise C re false or mislead E / coaching

Answer 1

A barrister 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.

Question 2

70. No breach by B testing W

Answer 2

A barrister does not breach rule 69 by expressing a general admonition to tell the truth, or by questioning and testing in conference the version of evidence to be given by a prospective witness, including drawing the witness’s attention to inconsistencies or other difficulties with the evidence, but must not encourage the witness to give evidence different from the evidence which the witness believes to be true.

Question 3

71. No conferring with 2+ Ws (unless special circs)

Answer 3

A barrister must not confer with, or condone another legal practitioner conferring with, more than one lay witness including a party or client at the same time:

(a) about any issue which there are reasonable grounds for the barrister to believe may be contentious at a hearing, and

(b) where such conferral could affect evidence to be given by any of those witnesses, unless the barrister believes on reasonable grounds that special circumstances require such a conference.

Question 4

72. No breach of 71 if conferring re certain matters

Answer 4

A barrister does not breach rule 71 by conferring with, or condoning another legal practitioner conferring with, more than one client about undertakings to a court, admissions or concessions of fact, amendments of pleadings or compromise.

Question 5

73. No confer with W under XXN

Answer 5

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

(a) the cross-examiner has consented beforehand to the barrister doing so, or

(b) the barrister:

(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 barrister’s intention to do so, and

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

Question 6

74. No discouraging prospective W to confer with opp

Answer 6

A barrister must not take any step to prevent or discourage prospective witnesses from conferring with an opponent or being interviewed by or on behalf of any other person involved in the proceedings.

Question 7

75. No breach by B saying W not required to or advising opp re confidentiality obligations

Answer 7

A barrister does not breach rule 74 simply by telling a prospective witness or a witness that he or she need not agree to confer or to be interviewed or by advising about relevant obligations of confidentiality.