I. Introduction

• Library: Professional Responsibility in Litigation (ABA) (2016 Ed.)

I. Introduction

Lawyers understandably dislike serving as fact witnesses. The possibility that a lawyer may be a witness often suggests that something has gone awry in the lawyer's representation of the client for or against whom she may be testifying. Perhaps the lawyer drafted transactional documents for a client, which become the focal point in resulting litigation when the deal unravels or the client believes he has been shortchanged. Alternatively, a lawyer may witness events on which a client's liability turns in litigation, making the lawyer a valuable source of proof for the client or an adversary. Lawyers' service as witnesses in criminal cases may pose substantial problems, either because a defense lawyer's alleged status as a necessary witness serves as a predicate...