Solicitors - Conflict of Interest??

[AtWitsEnd]

Further to my earlier question - if a solicitor is dealing with a claim for an accident on my behalf and my partner uses the same family firm to instruct another solicitor ( the solicitors are related)in his defence for an assault charge ((which was upon me) Is this a conflict of interest in legal terms and can i ask the CPS that his solicitor be removed from the case

[fredpuli47]

Rule 3.01 of the Solicitors' Code of Conduct provides [as relevant to this case] that there is 'conflict of interest' if" You or your firm have separate duties to act in the best interests of two clients in relation to the same or related matters and these duties conflict or there is a significant risk that they may conflict" On the face of it these are not 'related matters' and the firm can act in your own best interests in the case where you are the lay client, and the best interests of the other client in the case of assault. and the same firm could, strictly speaking, act in both without incurring the wrath of the Law Society.However, that said, I'd write to both solicitors, and to the acting senior partner (usually the first name on the list of partners on their writing paper, other than one shown as 'consultant'), to point out that one solicitor is acting in the civil case for you as the lay client and one is acting for your partner as defendant in a case where you are the victim of the defendant's alleged assault. It may be that the firm, or the individual solicitors, are not fully aware of this and would prefer not to act in both, simply because they may feel embarrassed to act.If they are comfortable to continue, that seems to me to be an end to the matter.Solicitors may feel that there is the air of a conflict of interest, if not strictly one within the rules, and choose not to act once aware of the facts.

It's not a matter for the CPS,