Potential Conflict of Interest Where a Solicitor is Acting for Both a Driver and Passenger of the One Vehicle

The view of the Guidance and Ethics Committee in relation to good practice in the above matter is as follows:

• It is in order for a solicitor to act on behalf of the passenger in a vehicle although that solicitor has already acted for the driver, provided that any litigation involving the driver with any third parties settled on the basis that there was no liability on the driver's part, and that the passenger agrees with this view. The solicitor should obtain written confirmation from or on behalf of the third party that liability was not an issue.
• It is not in order for a solicitor to act on behalf of a passenger in a vehicle where that solicitor has already acted on behalf of the driver, if the case settled or was decided on the basis that any liability attached to the driver.