---
title: "Apply the separate-representation rule for legally aided criminal co-defendants"
url: "https://ailawframework.com/practice/legal-aid-and-community-legal-practice/apply-the-separate-representation-rule-for-legally-aided-criminal-co-def"
type: "task"
site: "AI Law Framework"
id: "A54-NE20261022-8"
practice_area: "Legal Aid & Community Legal Practice"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Apply the separate-representation rule for legally aided criminal co-defendants

> From the charge sheets, the grants and the retainer letters, list each co-defendant, the law practice and the barrister assigned, and whether anyone has asked for two defendants to be acted for in the same practice.…

Canonical page: https://ailawframework.com/practice/legal-aid-and-community-legal-practice/apply-the-separate-representation-rule-for-legally-aided-criminal-co-def  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Legal Aid & Community Legal Practice](https://ailawframework.com/practice/legal-aid-and-community-legal-practice.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | From the charge sheets, the grants and the retainer letters, list each co-defendant, the law practice and the barrister assigned, and whether anyone has asked for two defendants to be acted for in the same practice. Do not draft a consent or a waiver. |
| What the lawyer must review | The lawyer decides whether one practice or one barrister can act, whether informed consent and confidentiality can be managed, and whether an exemption is even open. |
| Written for / versions | 1 jurisdiction versions below |

## Checking plan

**Co-defendant representation**

Line up each co-defendant with one practice and one barrister, then leave the exception to the lawyer.

- What the AI does: From the charge sheets, the grants and the retainer letters, list each co-defendant, the law practice and the barrister assigned, and whether anyone has asked for two defendants to be acted for in the same practice. Do not draft a consent or a waiver.
- What the lawyer does: The lawyer decides whether one practice or one barrister can act, whether informed consent and confidentiality can be managed, and whether an exemption is even open.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. Confirm the policy date on the commission's site before relying on the 8 November 2021 update.
2. Do not treat a duty-lawyer appearance as governed by this grants policy. The page sends that question to the Duty Lawyer Handbook.
3. Record that a barrister exception is closed on the Queensland policy as published. Do not invent one.
4. Informed consent is taken by the lawyer. The tool does not draft it.

## Notes

- These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.

## Sources

- [Legal Aid Queensland: conflict of interest policy for criminal law co-defendants](https://www.legalaid.qld.gov.au/About-us/Policies-and-procedures/Conflict-of-interest-policy-Grants-of-aid-for-criminal-law-co-defendants) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/legal-aid-and-community-legal-practice/apply-the-separate-representation-rule-for-legally-aided-criminal-co-def/united-states.md) | Yellow |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*