Can a lawyer defend a man when the lawyer's daughter is a witness for the prosecution?

A man is being charged with vehicular manslaughter and leaving the scene of a crime. He hit a taxi while drunk, killing the driver and Girl A. Girl B was in the taxi and suffered injuries. The defendant hired Girl B's father (defendant didn't know it was her father) as a lawyer and the father accepted because this is the kind of case that would make his career. His daughter lives at home with him, is over 21 and is a witness for the prosecution. Can he legally defend this man? Or is this scenario impossible?

Yes he can.

There is a potential conflict of interest, but the law about such conflicts is that the client has the right to waive conflict after being fully advised.

So if the lawyer has disclosed to his client that his daughter was injured in the accident and will be a witness and the client chooses, he can still use him.

(I wouldn't.... but it's the clients call.)

Richard

Believe it or not, Lawyers are held to high standards of ethics and professional conduct. As such, it is highly unlikely that an attorney would continue representing such a client.

However, there is no technical violation of the Rules of Professional Conduct and hence, no actual "Conflict of Interest" as other(s) suggest. For a conflict of interest to occur, representation of a client would have to be directly adverse to another client. Under this fact scenario, no former client of the attorney would be adversely affected, directly or otherwise.

rent_diva34, It's unfortunate to hear about your situation. I was injured once when a car backed over my foot at work. My employer attempted to settle with me fast because I knew they were try to get me to sign some papers to release them from responsibility. I called a recommended injury lawyer in my area who gave me useful advice and I was able to get a small settlement to cover my insurance bills that weren't covered by my primary insurance. I'd find a personal injury in your area. http://www.accidentlawyerlocator.com My personal injury lawyer was willing to answer any and all questions I had because they stand to make some money at the same time. Try visiting a injury lawyer to see if they can help.

Good Luck

No since it would be a conflict of interest. The lawyer would probably try to help the prosecution since his daughter was one of the victims. Attorney's have a professional responsibility to try and defend their clients by using their knowledge of the law.

This would be a severe conflict of interest... The judge would probably catch this and dismiss the attorney, if the attorney doesn't recuse himself.

If neither happened, the lawyer could face serious ethics issues from the state bar.

No the Judge wouldn't go for that there would be a "Conflict of interest".