Conflict of interest question(hypothetical)

[firsttimeted]

This is in relation to criminal law.
If a Solicitor has represented two separate clients e.g. Mr. B and Ms. S in prior criminal law cases and then subsequent to this - Mr. B allegedly murders Ms. S, can the Solicitor still act for Mr. B?

Essentially, is there a conflict of interest due to the fact that the Solicitor had represented both clients and is now acting for one charged with the murder of the other?

Should the Solicitor disclose this fact? Could the Law Society reprimand the Solicitor for doing so?

 

[WaterSprite]

It would be a barrister I'd imagine, not a solicitor (for a murder case).

Can't see any conflict myself. The brief for a defense barrister is to do your best for your client. That your client is charged with the murder of a former client wouldn't affect that (to my mind). Would be a different story if the victim was a relative or friend of the accused - one wouldn't want it to seem that the barrister did anything less than his/her best.

I'd imagine that the barrister would disclose this fact to the judge but, if the client is ok with it and knows all the facts, then I don't see a problem.

The question sounds either non-hypothetical or an exam/study-related question.

 

[Smashbox]

'Hypothetically', I don't think there would be a conflict of interest. Previous histories between a solicitor and client wouldn't come into this, it would be a new case and a new situation.