LEO: Conflict of Interest - Attorney as  LE Op. 907

 

Conflict of Interest - Attorney as Witness.

 

May 4, 1987

 

It is improper for an attorney to continue to represent a client when the

attorney expects that he may be called as a witness to testify on behalf

of his client and the testimony relates to the central issue of the cause

of action unless one of the exceptions of DR:5-101(B) applies.

 

It is improper for an attorney to continue to represent a client when the

attorney knows he will be called to testify on behalf of the adverse party

who is a former client to the possible detriment of his present client. [

 DR:4-101(B) and (C), DR:5-101(B); LE Op. 723, LE Op. 654, LE Op.

612]

 

Committee Opinion May 4, 1987

 

CROSS REFERENCES

 

See also LE Op. 1313, and LE Op. 1359.