QUESTION
Another lawyer in your law firm represents a client in a case that will soon go to trial. It has become apparent that the testimony of that lawyer will be a necessary part of the client’s case. You:
A. May not represent the client at trial due to the advocate-witness rule.
B. May represent the client at trial.
C. Must request a continuance so you can assist the client in retaining new counsel.
D. Must withdraw from the case and file a grievance against the advocate-witness.
ANSWER
B. Generally, if a lawyer is a necessary witness at a trial, that lawyer should not act as an advocate at the trial. The disqualification, however, is not imputed to other members of the lawyer’s law firm. Nebraska Court Rule of Professional Conduct §3-503.7(b).
Prepared by the Counsel for Discipline of the Nebraska Supreme Court. If you have a question about your ethical responsibilities, contact the Office of the Counsel for Discipline at 402-471-1040 or 877-504-0967.