Litigation is our practice. If a case has the potential to go to a trial we want a chance to be engaged. If it is in our client's best interest to settle, we will do so, but only if it is the course chosen by the client.
University of Arkansas - Little Rock
J.D. (1982) | Law
Hughes Law Office
G. ROss Smith & Assoc.
Crumpler, O'Connor & Wynne
Arkansas State Bar
Arkansas Bar Association
Henry Woods Inn of Courts
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A: I don't know if I completely understand the facts of your case. However, that alone is a reason for you to have an attorney. That is, to help you communicate with the prosecutor as well as the court.
Plead not guilty and advise the court that you cannot afford an attorney. You are entitled to legal representation and an attorney will be appointed to represent you if you are indigent. You will be required to answer a few simple questions so that the court can determine if you are truly indigent. You will not be questioned about the facts of your case-just your ability to hire an attorney.
A: I believe that the short answer is yes.
There may be several reasons that a lawyer should not act in both capacities. But, without additional facts, I see no clear ethical prohibition.
Also, I am presuming that you are not asking about a situation in which a lawyer would wear both hats in the same court or be prosecuting a person that the lawyer once defended or otherwise represented.