R 3.7 Lawyer as Witness

Question 1

Generally, can attorney be a witness on a case, in which the attorney is a key witness?

Answer 1

No.

Question 2

Under what circumstances can attorney be a witness on a case?

Answer 2

1. When the issue the attorney is testifying to is not a contested issue;
2. when it relate testimony relates to the value and nature as to the attorney’s rendered legal services in the case;
3. when disqualification of the attorney would work substantial hardship on the client.

Question 3

Can an attorney who is advocating for the client call another attorney from the same firm as a witness? If so, when is it not permissible?

Answer 3

Yes, the attorney may. But it will not be permissible when there is a conflict of interest.