Criminal solicitors, like all other solicitors have many duties imposed upon them by virtue of the profession they practice. This article will however focus on the dual or “divided” duty that they have both to the court and to the client from a criminal point of view. (See Lord Hoffmann in Arthur J.S. Hall and Co. v Simons (AP) [2000] UKHL 38, [2002] 1 AC 615 at page 686)  This concept, when put into practice is quite complicated and can often render criminal solicitors in situations where these duties are in conflict with each other.

As officers of the court, solicitors always owe a duty to the court. On the other hand, the criminal solicitor is hired to act on behalf of the accused and owes a professional duty to his client as well. In discharging the duty towards the client, criminal solicitors (internal link) are expected not to breach the duty towards the court. They must always adhere to the Code of Conduct, which applies to all solicitors. As set forth in the Rule 1 of the Code, the core duties of solicitors are justice and the rule of law; integrity, independence; best interests of the client; standard of service and public confidence. 

There are many instances where criminal solicitors may face a potential conflict of interest between upholding their duty to the courts and to their clients. The following are just a few:

1.  Where a solicitor is representing more than one client in a criminal matter and a conflict arises during the proceedings; despite the inconvenience it will cause to the courts, the solicitor is expected to withdraw from acting for one or more of the clients.

2.  A solicitor may hold crucial information for another party to a proceeding, which he is summonsed to produce. He may decline to do so because of his duty of confidentiality.

Although these circumstances can be frustrating for the court, they must trust that it is ultimately up to each solicitor to make certain that he is acting for clients only where he can safeguard his duties both to the court and to the client whilst ensuring that no disrepute is brought upon the profession.  

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