by KPMLAW | Jun 14, 2016 | KPMBlog, News, Uncategorized, Updates
Written by Matthew V. Daly, Esq. Edited by Janeen B. Koch, Esq. “Parallel proceedings” are two legal proceedings arising out of a single set of facts, ongoing simultaneously –civil, criminal, or administrative. A common example in the liability world is a defendant in a car accident suit that is simultaneously pursuing his own claim for injuries sustained in the same accident. Such a scenario, and all others involving a parallel proceeding, requires the insurer and defense counsel to work together to make certain the insured’s interests in both proceedings are adequately protected. While all parallel proceedings present unique challenges, a particularly sensitive set of issues arises when the defendant in a civil case faces a simultaneous criminal prosecution arising from the same incident. Thanks to the Sixth Amendment guarantee to a speedy trial, in many cases, any criminal charges arising from the same incident are fully adjudicated by the time civil litigation begins. However, it is entirely possible for a criminal prosecution to extend well into the discovery phase of a civil case, particularly in cases involving more serious charges (e.g., hit and run, driving under the influence, manslaughter). In those instances, the civil discovery can be a source of valuable information to the criminal prosecution – possibly including damaging party admissions by the defendant – all of particular interest to prosecutors hamstrung by the more limited criminal discovery rules. The defendant may be able to protect himself by invoking his Fifth Amendment privilege against self-incrimination in the civil case. The Fifth Amendment provides, in part, “[n]o person…shall be compelled in any criminal case to be a witness against...
