Legal Services Directions 2005
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Legal representation
22 If an employee has been indemnified for any costs or damages payable in civil proceedings, and the Commonwealth is also a party to the proceedings, the solicitors engaged to represent the Commonwealth are also to be engaged to represent the employee. (This will save on legal costs and assist in the proper conduct of the proceedings, while the agreement required under paragraph 8 will avoid a conflict of interest arising.) 23 If a decision on assistance has been partially or totally deferred, the employee and the employing body are to have separate legal representation. If the employing body has agreed to pay the cost of the employee’s legal representation, the Directions on Engagement of Counsel, at Appendix D, apply. If the employing body provides a full indemnity, the Directions on The Commonwealth’s obligation to act as a model litigant, at Appendix B, apply.