Where a solicitor acts for a client who is a victim of a criminal offence, and in unrelated circumstances the same offence is committed against the victim by another individual, the solicitor is conflicted from acting for the defendant in the later matter. The conflict arises as there is the potential for the confidential information involved in one matter to be relevant to the other.

A solicitor acted for the defendant in a police prosecution in the Children’s Court in which the defendant was to plead guilty to the charge of home invasion. The solicitor acted for the victim in a VOCAT application arising out of an earlier home invasion the previous year, which did not involve the defendant. The Children’s Court Magistrate questioned whether the solicitor was conflicted in acting for the defendant in relation to the second home invasion of the victim.

In the opinion of the Ethics Committee and on the information presented:

1. The solicitor is conflicted in continuing to represent the defendant in his plea of guilty to the charge of home invasion in the Children’s Court for the following reasons:

a. There is potential for some confidential information from one matter being relevant to the other matter;

b. It is not in the interests of the administration of justice for the solicitor to continue to act for the defendant.