G. Lawyer as Witness Flashcards
1
Q
When may Lawyer act/NOT act as advocate if called as Witness at trial?*
A
NOT allowed to advocate
- Potential ‘necessary’ Witness (knowledge re issue)!!!
Allowed to advocate
- Testimony re ‘uncontested’ matter/mere formality!!!
- Testimony re legal fees!!!
- Withdrawal would cause ‘substantial hardship’ on Client!!!
- Imputed Other Lawyer in Firm likely called as W (UNLESS would constitute conflict of interest)!!!
