Are barristers allowed to act for two clients with a common interest in the same matter?

• A. They may act if each client provides fully informed consent after disclosure of potential conflicts and there is no adverse interest; otherwise not.
• B. They may act for a common-interest group regardless of consent.
• C. They may act only with a court order.
• D. They may act if one client consents

Answer: (A)

The point being tested is how conflicts of interest are managed when a barrister represents two clients who share a common interest. The proper approach is that a barrister may act for both clients only if each client provides fully informed consent after the barrister discloses all potential conflicts and the arrangement is not adverse to either client’s interests. This means the clients must understand how information could be shared, how their positions might diverge later, and the safeguards in place to protect confidentiality and independent judgment. If there is any potential adverse interest—where one client’s interests could conflict with or harm the other’s—then the barrister should not act for both, even with broad or general consent. Consent from just one client is not enough, and simply being in a group with a common interest does not override the need for informed, case-specific consent and absence of adverse interests.