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Solicitor representing family and the plaintiff!!

  • 06-06-2012 12:51pm
    #1
    ngk74
    Registered Users Posts: 32 ✭


    Can a solicitor represent one of his own extended family members in a case, who is appearing as the defendant?

    Can that same solicitor in the same case represent same defendant when that solicitor in the past represented the plaintiff (although some years ago)?


Comments

  • #2
    dazza21ie
    Registered Users, Registered Users 2 Posts: 992 ✭✭✭dazza21ie


    Family and friends make up a good portion of any solicitor's clients. However the closer the relationship the more awkward it gets (especially if things go wrong!). Simple answer to first question is yes.

    Second question not as straightforward. Simple answer is yes. The general rule is not to act where their is a conflict of interests. Most solicitors will make the decision not to act against another client as that could affect business.


  • #3
    Milk & Honey
    Banned (with Prison Access) Posts: 1,950 ✭✭✭Milk & Honey


    The major issue would be if the solicitor knows anything from previous dealings with the Plaintiff which would give him an unfair advantage. Anything he was told in previous proceedings would have been under privilege and in confidence. He can't involve himself in a situation where he might be in a position to exploit that information.


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