May a criminal defendant speak with his attorney during cross-examination and  overnight?  The rule, as reported by is reported by Wilmer Cutler Pickering Hale and Dorr LLP .

:The Second Circuit recently clarified the law relating to communications between a defendant and his attorney during the defendant’s ongoing trial testimony. In U.S. v. Triumph Capital Group, Inc., the defendant-appellant alleged that the district court had violated his Sixth Amendment right to counsel when it ordered that his defense counsel not speak to him about his trial testimony during an overnight recess in the midst of the prosecution’s cross-examination.

No. 05-2630-cr, 2007 U.S. App. LEXIS 12221, at 2-3 (2d Cir. May 25, 2007). The district court rescinded its order after three hours, and, the following morning, recessed before the day’s testimony to provide the defendant and his counsel with sufficient time to confer prior to continuing the proceedings. Id. at 5-6. The district court also ordered that defendant and his counsel could not discuss defendant’s testimony during daytime breaks in the cross-examination, including an hour-long lunch break. Id. at 6. "