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A solicitor is representing a client at an arbitration hearing which will include the examination of witnesses. A legal representative (‘the Representative’) acts for the opposing party in the arbitration.
The client sees the Representative speaking to a witness for the opposing party outside the hearing room. The client overhears the Representative telling the witness what questions to expect during her cross-examination and the answers she should give to those questions.
The client mentions this to the solicitor and instructs the solicitor to have similar conversations with witnesses giving evidence on the client’s behalf.
Which of the following is relevant to whether the solicitor is permitted to have such conversations?
A. The opposing party in the arbitration is engaging in such conduct.
B. Such conversations will be subject to legal privilege.
C. Conducting an arbitration is not a reserved legal activity.
D. Such conversations may influence the substance of the witnesses’ evidence.
E. The solicitor has been instructed by the client to have such conversations.
D - Such conversations may influence the substance of the witnesses’ evidence.
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