Can a lawyer represent both parties?

Can a lawyer represent both parties?

However, one attorney cannot represent both parties. An attorney is ethically prohibited from representing two people with conflicting interests who are in a dispute. The mediator can only assist the two parties to come to an agreement.

Can both a criminal case and a civil case arise from the same set of facts?

If you plead guilty in a criminal trial in California, that plea can be used against you as an admission of guilt in a civil trial on the same facts. A finding of guilt in a criminal case is enough to show you are liable in a civil case.

What comes first criminal or civil?

When the civil trial reveals information that one of the parties may have committed a crime, a criminal case might begin. However, a civil case doesn’t turn criminal in the respect that they are two separate proceedings. A civil claim can order only civil remedies.

Can a lawyer represent two opposing clients?

The California Rules generally permit a lawyer to represent multiple clients with conflicting interests so long as all the clients have provided their informed written consent.

Can a lawyer represent you without a contract?

Only a fool hires a lawyer without a written fee agreement. Good lawyers know this and always explain your obligations and theirs in a document you can read and understand. No reputable attorney will pressure you to accept a fee agreement on the spot. If he/she does, find another lawyer.

Can a person be charged for the same crime twice?

The Double Jeopardy Clause in the Fifth Amendment to the US Constitution prohibits anyone from being prosecuted twice for substantially the same crime. The relevant part of the Fifth Amendment states, “No person shall . . . be subject for the same offense to be twice put in jeopardy of life or limb . . . . “

Can civil and criminal cases run simultaneously in Nigeria?

not part of Nigerian law that a complainant who runs to the Police to report a case does not have the right to further institute civil proceedings either simultaneously or subsequently even where the criminal charge and civil wrong have arisen from the same cause of transaction.

Can criminal case be filed while civil suit is pending?

In the case of Bhagwat Prasad AIR 1930 Pat 351, it has been held that generally speaking, no order should be passed by the High Court staying criminal proceedings pending the determination of a civil suit unless such grounds are made out for the purpose.

Can you be jailed for civil charges?

Conclusion. Yes, the person can be arrested in the civil case. The law regarding the arrest and detention under section55- 59, 135, 135 – A, Order XXI, rules 37 – 40, under Civil Procedure code. Where the period in which he sent to jail is less when compared to criminal case.

What is an Unwaivable conflict?

The first general category of unwaivable conflicts of interest focuses on the ability of the lawyer to obtain the informed consent of all affected clients to a conflicted representation. However, there are two situations where an informed consent cannot be obtained.