Under what condition may barristers act for two clients with a common interest in the same matter?

• A. If each client provides fully informed consent after disclosure of potential conflicts and there is no adverse interest.
• B. Always allowed without consent.
• C. Only if a court orders.
• D. Only if one client consents.

Answer: (A)

Barristers may act for two clients with a common interest in the same matter only when the clients’ interests are truly aligned and there is no adverse conflict between them. The key condition is fully informed consent from each client, obtained after clear disclosure of any potential conflicts and how they might affect confidentiality, strategy, or independent advice. If there is any potential for diverging interests or an adverse effect on one client’s position, joint representation is inappropriate, and the barrister should not act for both.

Consent must be given by all affected clients after they understand the possible conflicts; it is not enough for one client to consent, and it does not require a court order.