VII. Conclusion

LibraryProfessional Responsibility in Litigation (ABA) (2016 Ed.)

VII. Conclusion

Lawyers and courts alike are uncomfortable with the dual roles of lawyer and fact witness. This discomfort probably is exaggerated. A lawyer's disqualification as a trial advocate does not prevent her from representing a client in many other aspects of the same case. Furthermore, disqualification cannot be ordered upon an opponent's mere representation that the lawyer is a necessary witness or will be called as a witness. Rather, a party seeking to disqualify a lawyer under Model Rule...

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