Can a lawyer represent a client in litigation if a member of that lawyer s firm might testify in the matter?
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This question triggers an application of what is commonly referred to as the “witness/advocate” rule. The witness/advocate rule addresses the effect of a lawyer testifying in one of his client s cases. Rule 3.7 (a) directs a lawyer to decline a representation of a client where the lawyer would be a necessary witness, unless the testimony comes within three specific exceptions: where testimony would be related to uncontested issues, where testimony would be related to the lawyer s provision of legal services and where disqualification of the particular lawyer would prove a hardship for the client. Rule 3.7(b) provides, in effect, an additional exception that may arise when the need to testify is not evident until after the representation has begun: The lawyer is permitted to continue the representation even should he learn, or it is obvious, that the lawyer would be called as a witness other than on behalf of his client in pending or contemplated litigation, unless it becomes apparent t
