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Conflict of interest question(hypothetical)

looking4advice · 2009-02-25 22:38:13

This is in relation to criminal law. If a Solicitor has represented two separate clients e.g. Mr. B and Ms. S in prior criminal law cases and then subsequent to this - Mr. B allegedly murders Ms. S, can the Solicitor still act for Mr. B? Essentially, is there a conflict of interest due to the fact that the Solicitor had…

25-02-2009 10:38pm

#1

looking4advice

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This is in relation to criminal law.
If a Solicitor has represented two separate clients e.g. Mr. B and Ms. S in prior criminal law cases and then subsequent to this - Mr. B allegedly murders Ms. S, can the Solicitor still act for Mr. B?

Essentially, is there a conflict of interest due to the fact that the Solicitor had represented both clients and is now acting for one charged with the murder of the other?

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Comments

#2 25-02-2009 10:55pm

McCrack

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No conflict of interest because it's the State v Mr B not Ms S v Mr B.

If it were a civil matter I'd say differently.

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