Criminal Litigation SGS1

Criminal Litigation SGS1

1. Conduct question

   • Acting for more than one client
     • I= Potential conflict of interest between two clients past or present
       • P= 1, 2, 4, 6
         • O= 3.5, 4.1, 4.2, 4.3, 5.1, 5.2
           • Discuss
             • Ask before if there could be a conflict
               • Know something about one client which could effect a new one- Must disclose to new client, O 4.2 but would need olds permission O4.1
                 • Cannot act for new due to conflict of interest IB 3.2 & P4
                   • In public funded cases one solicitor should act for all defendants unless their is a conflict of interest
                     • One client may wish to implicated another= Conflict LSPNCI 2.1
                       • If one client wishes to say they were scared/influenced by another= Conflict LSPNCI 2.3.2
                         • Cannot act for both= IB 3.2 + P4
                           • Have to withdraw from one & tell other to find other representation
   • Potentially misleading the court
     • I= If clients instructions would mean you would mislead the court + Any other potential issues
       • P= 1, 2, 4, 6
         • O= 5.1, 5.2, 4.1
           • Discuss
             • C has indicated he will mislead the court by ...
               • I know this to be untrue so it would not be meeting outcomes...
                 • It would be against IB...
                   • Could be in their best interest P2 but conflicts with P1= The one which serves the public interest
                     • If client continues, I cannot continue to act for him as it is a breach of principles ...
                       • Client can put the prosecution to proof as in para 4.5.2 LSPNCrPR
                         • Client to say silent
                           • Maybe in his best interest to be silent if evidence is weak-P4
                             • Both must remain silent on the issue, if asked a direct question, take instructions and see if client will let you disclose, if not have to withdrawal
   • Having to withdrawal
     • If I did with drawl I would have to maintain the duty of confidentiality under O4.1
       • Court cannot pressure you to disclose- Professional reasons- LSPNCrPR 5.1

2. Issue

3. Principles

4. Outcomes

5. Discuss what we can do

6. Funding

   • Means test
     • Under 18 or on unemployment benefits= Automatic
       • Demonstares your income/capital is lower than threshold
   • Merits test
     • In the interest of justice
       • Imprisonable offence or in custody= Duty solicitor(one off)
         • Private solicitor