Conduct Issues Flashcards
Third Party Instructions
- Must confirm instructions directly from the suspect
- E.g., if called by a family member or friend to represent the suspect
Conflicts of interest
General rule is that one solicitor acts for all defendants in a case (co-defendants), unless there is a conflict or risk of conflict
- Solicitors have a duty to act in their client’s best interest and you cannot do so if here is a conflict
- Actual or potential conflict of interest
- No exceptions apply - CANNOT act
Examples:
- one suspect wants to accuse the other
- facts are so opposing
- one suspect is in a position of vulnerability (is influenced by the other)
Duty of disclosure
Duty to disclose any information material to a case which we are aware of
- However, if disclosing is adverse to another client (or client opposes or does not give consent for disclosure) - we cannot meet this duty
- Would have to cease to act
Cannot inadvertently breach duty of confidentiality when disclosing information
Duty to the court
Must not mislead or attempt to mislead the court, either by acts or by omissions
May be a conflict between duty of confidentiality to client and duty to the court
- if client does not consent to disclosure, but this risks misleading the court = cease to act
- cannot explain to the court reasons for withdrawing (due to duty of confidentiality)
Pleading not guilty is not the same as misleading the court
- legal burden is on the prosecution to prove guilt beyond reasonable doubt
- defendant is innocent until proven guilty
- defendant is allowed to put the prosecution to proof (if they have made admissions to you as the solicitor but want to plead not guilty). In this instance, D advised to remain silent in interview and not put forward evidence
