By Ulrich Klug
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Additional resources for Problemas de la filosofía y de la pragmática del derecho
Complaints often turn out to be nothing to do with the technical rules of conduct in the solicitors’ profession but merely classic examples of a lack of basic good service and case management. Building on these more obvious general indications, the formal rules of professional conduct are therefore partly based around, and endeavour actually to spell out, what might be called ‘a safe system of work’ for solicitors which protects the public. 1 24 Criminal Litigation particular transactions and on which formal guidance would therefore be of practical use and it is a good understanding of the framework of the rules which is required rather than a verbatim knowledge of them.
Certain difficulties may arise in connection with criminal litigation: • Where you are acting on legal aid, the legal aid certificate must specify a named practising solicitor. This may cause problems if you need to discontinue acting or if the client determines the retainer, either of which may happen if your client wants you to do something which you are prohibited from doing by the rules of professional conduct. • You cannot be retained by someone who does not have mental capacity. This is a matter of law, although it should be borne in mind that different levels of capacity are required for different activities.
One view is that since counsel is being instructed for advice and expertise, it is inappropriate for the solicitor to state personal views, but the other, diametrically opposed, is that solicitors should set down all their thoughts in the matter to assist counsel. The better view is usually somewhere between the two. Counsel belongs to a specialist referral profession whose job is not to redo the work already done by the solicitor but to bring expertise to bear on specialist aspects of the case.