Monday, January 18, 2010

Can a lawyer try both Civil and Criminal Cases?

Could a lawyer be a defense attorney in both Criminal and Civil cases, and be the plaintiff's attorney in a civil case? Not in the same case, just could a lawyer take what ever kind of case he wants?





And if possible, is it highly unlikely, or not?Can a lawyer try both Civil and Criminal Cases?
Yes they could, and in a smaller jurisdiction often do. Your example is uite fitting. Murder can be both criminal and civil (wrongful death). It is common in this circumstance to represent the client for both. Although there aren't too many cases that are like this.Can a lawyer try both Civil and Criminal Cases?
Its not just about the underlying act. Being a lawyer in a civil case vs. a criminal case, even if they're both about the same criminal act, involves two different sets of rules that a lawyer needs to know. If you're representing a guy charged with murder, you may need to really understand the death penalty rules, and it may take years of hard work to build a decent reputation in that area. All the while, the civil case that comes up when the victim's family sues is conducted according to a different set of rules, ';discovery'; rules, they arn't really too hard to understand, but take time to master.





That being said, there's nothing stopping a lawyer from taking both types of cases plus others at the same time if he/she can do a basic competent job.
Yes,





However, unlikely. Most lawyers specialize in one or maybe two types of law.





With that being said, could I take a case regarding Admiralty Law or Tax Law? I could, but it would not be wise of me to do so. They are not my area of expertise and I would have to spend time (which is money to a lawyer) to become familiar with those procedures, terms, etc. Not worth it for me.





Judobigdog
A lawyer can legally work in any area of the law he would like to.


But, like doctors, they can and do specialize. I know, if I were in trouble with the IRS, I would not want a lawyer who specializes in divorce proceedings.
could be if they want it too.But just like doctors they also have a specialize case, like some other lawyers stick to one case criminal or he could have it both.It is highly unlikel I guess...

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