A dispute between criminal defence solicitors and the Department for Constitutional Affairs (DCA) over a conflict of interest rule that would have freed practitioners from dealing with co-defendants has been averted, it has emerged.


The DCA had complained about an amendment introduced at the Law Society Council's meeting in July 2004, which created a presumption of a conflict of interest where solicitors act for co-defendants (see [2004] Gazette, 16 September, 1).



The amendment was then removed while the parties worked on a compromise.


The council approved new guidance for criminal defence solicitors last month, helping them to recognise conflicts and situations where there was a significant risk they might arise.


The guidance makes it clear that in such situations it would not be appropriate to represent co-defendants. It adds that, where public funding is involved and there is no conflict, solicitors could properly act for co-defendants.


Guidance will also be sent by the DCA to magistrates' courts, notifying justices' clerks that conflict is a matter for individual solicitors to judge.