By Sanket J. Bulsara and Ian Coghill
It is conventional wisdom that after cross-examination has begun, lawyers should not meet with their witnesses to discuss their testimony and all substantive preparation should cease. Lawyers follow this path out of fear that the court will permit opposing counsel to inquire about the conversations. Many lawyers assume that their adversaries will also not meet with their witnesses, and therefore ask to begin their cross-examination before an overnight or lunch break.
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Originally published in the Summer 2015 edition of American Bar Association's Section of Litigation Trial Practice newsletter, Vol. 29 No. 4.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
