QUESTION
Would it be possible to carry out a lawsuit with an attorney who is a litigator and a criminal defense attorney, but not specialized in civil suits?
Asked on Sep 08th, 2012 on Criminal Law - Alabama
More details to this question:
The attorney had originally used in my criminal case and I am very happy with, and he wants to do the lawsuit but he is not 100% clear on filing the civil papers. Are there options for this type of situation? Could an attorney possibly hire an outside person to do the filing of the civil papers but carry out the majority of the lawsuit? Are there ways to work around this? I appreciate the feedback. Thanks.
12 ANSWERS
Leonard A. Kaanta
Yes.
Answered on May 22nd, 2013 at 3:41 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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The easiest and ethical way to handle your situation is for your criminal attorney to associate with an experienced civil litigator and have both of them work on your case. I have done this many time on both the criminal and civil side. To have your criminal attorney handle this alone without any real experience in civil matters could potentially hurt, if not destroy, your case and could be an ethical violation on his side. Please discuss this with your attorney prior to filing any papers. And be sure that you do not let the Statute of Limitation on your case expire.
Answered on Sep 19th, 2012 at 3:43 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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If you like the attorney and can work with him discuss the issue with him.
Answered on Sep 19th, 2012 at 3:43 PM
Criminal Defense Attorney serving Pittsburgh, PA
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Law Office of Jeffrey L. Pollock
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It is possible but not advisable. It is very important that you trust your current lawyer though. Perhaps it would be best if he "associated with" a Torts Attorney practitioner.
Answered on Sep 18th, 2012 at 3:49 PM
Would you have a plumber "pull" your tooth OR would you go to a dentist.
Answered on Sep 16th, 2012 at 2:58 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Anything is possible. Sensible is a different question. If he admits he doesn't even know how to handle the initial paperwork, he should refer you to another attorney who does, or he should associate in another competent attorney to help him, or you should find another attorney yourself.
Answered on Sep 16th, 2012 at 2:50 PM
Workers Compensation Law Attorney serving Sacramento, CA
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Ernest Krause Attorney at Law
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What's in it for you to have the criminal law attorney do the civil case? Wouldn't he be "playing it by ear"? You need someone who knows how to do it. Find a competent civil law attorney. Interview several before you sign on the dotted line.
Answered on Sep 16th, 2012 at 2:24 PM
Criminal Defense Attorney serving McKinleyville, CA
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Law Office M. C. Bruce
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The criminal attorney should associate in a civil litigator to help with the case.
Answered on Sep 16th, 2012 at 1:55 PM
1 Award
Yes, generally he is allowed to practice law throughout the state. As part of his ethical duty to provide good legal advice, he needs to know how to properly conduct the civil charges, but as you mentioned there are several ways for him to do that, such as hiring an outside person, or consulting with another attorney who regularly does civil charges.
Answered on Sep 16th, 2012 at 1:34 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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I would certainly not hire a foot doctor to do my brain surgery, so that is a concern to me. What kind of civil case is it? That could make a difference.
Answered on Sep 16th, 2012 at 1:11 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You have an attorney already. The feedback I have is to use that attorney.
Answered on Sep 14th, 2012 at 10:26 PM
They may associate another lawyer who has the required experience.
Answered on Sep 14th, 2012 at 10:23 PM