A solicitor acting for a party in civil proceedings who proposes to call a witness against whom allegations of criminal conduct are made is not required to provide the witness with legal advice, but should inform the witness that the allegations could result in criminal charges and that giving evidence in the civil proceeding could have consequences for the witness in any future criminal proceeding. The LIV Ethics Guidelines on interviewing witnesses do not address this situation and the Court has suggested they be updated. The s 128/s 132 Evidence Act issue should be identified and addressed prior to empanelment of a jury.
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