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A solicitor has been contacted by a woman who asks him to represent her father by attending him at the police station. The father has been arrested on suspicion of attempted murder and is in custody at the police station.
The solicitor is fully aware of the circumstances of the allegation as he represented the woman’s brother several days ago when the brother was arrested for the same offence. The brother has now been charged with the offence. The firm will carry out the usual conflict of interest check.
Does the SRA Code of Conduct for Solicitors, RELs and RFLs permit the solicitor to represent the woman’s father at the police station?
A. No, although the solicitor can accept instructions from a third party, he cannot accept instructions from a close family member of the proposed client.
B. No, the solicitor cannot accept instructions from a third party under any circumstances.
C. Yes, the solicitor can accept instructions from the woman provided he is satisfied that the woman has the authority to give instructions and that there is no conflict of interest or risk of conflict.
D. Yes, the solicitor can accept instructions from the woman provided he is satisfied that the woman has the authority to give instructions. A conflict of interest can never arise between close family members and there is no need to wait for the outcome of the conflict of interest check.
E. Yes, the solicitor can accept instructions from the woman provided he is satisfied that the woman has the authority to give instructions. A conflict of interest will not arise where close family members are implicated in the same offence and there is no need to wait for the outcome of the conflict of interest check.
C - Yes, the solicitor can accept instructions from the woman provided he is satisfied that the woman has the authority to give instructions and that there is no conflict of interest or risk of conflict.
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