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Two strands seem to be developing here.

First the current litigation scenario - as here. My view remains that to avoid misleading the court or allowing it be misled you should withdraw as tactfully as you can. Anon 12.35 I suspect might go on but would almost certainly run into problems eventually.

The second is pre action eg David's bomber seeking advice about criminal jurisprudence. First, I suspect that the anti-terrorist legislation covers the situation. If the advice aids the embryo terrorist the David may commit a crime. Second, even so I don't think privilege extends to not reporting a real concern that a crime is going to be committed. Actions for conspiracy have been brought against solicitors based on what they did for their clients.

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