LEO: Conflict of Interest - Attorney as  LE Op. 866

 

Conflict of Interest - Attorney as Witness.

 

November 26, 1986

 

It is not improper for an attorney to continue representing the adverse

party in litigation, even though it is obvious that the attorney will be

called as a witness for other than his own client, until it is apparent

that his testimony may be prejudicial to his client. Whether or not the

testimony will be prejudicial is a factual question which is not within

the purview of the committee (and should be decided by the court). [ DR:

5-102(B)]

 

Committee Opinion November 26, 1986

 

CROSS REFERENCES

 

See also LE Op. 1118, LE Op. 1226, and LE Op. 1313.