SGS 1 - Professional conduct Flashcards
Which CCS discusses conflicts of interest?
CCS 6.2
What does LSPNCI 2.1 say?
Principle 7 should guide you as to whether there is a conflict of interest between two clients. An indicator of a conflict might be where it is in the best interests of Client A to:
1) give evidence against client B
2) make a statement incriminating client B
3) to implicate client B in an interview
4) to provide prejudicial information regarding client B to an investigator
5) to cross examine client B
6) to rely upon confidential information given by client B without his consent
7) to adopt tactics in the course of the retainer which potentially or actually harm client B
What does LSPNCI 2.2 say?
Important to interview client A fully before interviewing client B - do not interview them together
You decide your ethics not the police, so if you are satisfied there is no conflict don’t listen to police
What does LSPNCI 2.3.1 say are indicators of an existing conflict between the two clients?
1) obviously different accounts of what has happened
2) inequality in the clients e.g one significantly older than the other, one with lots of convictions other not been in trouble before
3) are the co-defendants related or living together?
What does LSPNCI 2.3.2 say about the risk of a conflict developing the future?
If both clients are convicted, consider will you be able to mitigate each case without harming the other’s? Would it be in the best interests of client A to blame the influence of Client B? Especially if one has clean record and other has lots of convictions
Does does LSPNCI 2.4 say you should do if a conflict arises?
Must cease acting for both clients. You would need to get a hearing for mention listed and tell the court you withdraw due to professional conduct reasons.
What does LSPNCI 2.5 say?
Do not accept pressure from the police/court to continue acting if you are satisfied there is a conflict of interest.
What does LSPN CrPR 3.2 say?
Where the SRA principles come into conflict, the principle which safeguards the wider public interest will take precedence (e.g rule of law and public confidence in a trustworthy solicitors’ profession)
What does LSPN CrPR 4.5.2 say?
If the client committed the offence but does not want to plead guilty, they may put the prosecution to proof. However, they cannot put forward a positive defence, i.e an alternative version of events which are untrue (R v Rochford)
What does LSPN CrPR 5.1 say?
If you have to withdraw from a case, the court cannot insist on knowing the reasons for your withdrawal as you cannot disclose privileged communication with the client
