we have been asked to represent two section 2 patients in last couple of days, both previously unknown to the firm. They are at separate hospitals. It has today become clear that they are/were a couple currently embroiled in child care disputes.
Can we continue to act for both with separate fee earners to represent them at different hospitals?
There’s a lot on the internet about Chinese walls, and it looks like this is the relevant part of the SRA Code:
6.2 You do not act in relation to a matter or particular aspect of it if you have a conflict of interest or a significant risk of such a conflict in relation to that matter or aspect of it, unless:
(a) the clients have a substantially common interest in relation to the matter or the aspect of it, as appropriate; or
(b) the clients are competing for the same objective,and the conditions below are met, namely that:
(i) all the clients have given informed consent, given or evidenced in writing, to you acting;
(ii) where appropriate, you put in place effective safeguards to protect your clients’ confidential information; and
(iii) you are satisfied it is reasonable for you to act for all the clients.
It looks like you would be allowed to act for both of them, if you abide by the requirements. You might even argue that the objective of the childcare dispute isn’t relevant to your retainer with each client. But it still might not be worth the extra hassle, especially if you’re not used to it. I don’t know. What did you do in the end?
thank you for your reply. One of them was discharged to informal status prior to the hearing after the first visit and before reports and so we have continued to represent the other.