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Civil Lawsuits
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US Constitution
Court Procedure

Can an attorney defending you in a criminal case represent you in a 'malicious prosecution' case?


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August 15, 2008 11:27PM

No, it would be a conflict of interest. Confusing Query I shall assume that what the querist is asking is, can the attorney who defended he or she in a criminal trial become his or her legal representative in a civil suit against the state for 'malicious prosecution'. If that is indeed the case, then there would not be a conflict of interest and the plaintiff may use whomever he or she choose to represent them. It would likely be beneficial to the client to retain the same attorney as he or she would be quite familiar with the specifics of the case.