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    Civil Procedure

    CIVIL PROCEDURE: The Attorney Testimony Rule—Attorney Affidavits and Summary Judgment

    Posted by Lee P. Dunham on December 1, 2016 at 9:18 AM

    Lee Dunham, Senior Attorney, National Legal Research Group

          Model Rules of Professional Conduct Rule 3.7 contains the well-known prohibition on lawyer testimony known as the "Lawyer as Witness Rule" or the "Attorney Testimony Rule." It provides:

    (a) A lawyer shall not act as advocate at a trial in which the lawyer is likely to be a necessary witness unless:

    (1) the testimony relates to an uncontested issue;

    (2) the testimony relates to the nature and value of legal services rendered in the case; or

    (3) disqualification of the lawyer would work substantial hardship on the client.

    (b) A lawyer may act as advocate in a trial in which another lawyer in the lawyer's firm is likely to be called as a witness unless precluded from doing so by Rule 1.7 or Rule 1.9.

    Ann. Model Rules of Prof'l Conduct R. 3.7 ("Lawyer as Witness").

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    Topics: civil procedure, Lee Dunham, attorney testimony rule, Rule 3.7, professional conduct

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