13.4 Lawyer as Witness.

• Jurisdiction: Arizona

In some situations, a lawyer asked to represent a debtor or a creditor in a foreclosure action may have previously represented the same client in the underlying financing arrangements. If a trial is expected and the lawyer is likely to be “a necessary witness” at the trial, that lawyer generally is prohibited, under ER 3.7, from acting as an “advocate” at the trial. Arizona courts have discussed the undesirable impact of a lawyer serving as both advocate and witness in the same trial. See, e.g., Cottonwood Estates, Inc. v. Paradise Builders, Inc., 128 Ariz. 99, 102-03, 624 P.2d 296, 299-300 (1981); Sellers v. Superior Court, 154 Ariz. 281, 288, 742 P.2d 292, 299 (App. 1987). But ER...