LEO: Attorney as Witness - Conflict of  LE Op. 950

 

Attorney as Witness - Conflict of Interest.

 

July 9, 1987

 

An attorney has been requested to serve as an expert witness for the U.S.

Attorney's office in a possible criminal action involving the principals

and some of the former employees of a certain corporation. The attorney's

testimony will relate to whether certain real estate transactions were

fraudulent. The attorney will be required to examine title to certain

properties and to opine regarding recorded documents and closing

procedures. A former employee of the potential defendants is now a

corporate officer of corporations the attorney currently represents. It is

not improper, given the above, for the attorney to serve as an expert

witness as long as full disclosure is made to and consent received from

both the U.S. Attorney and corporate client.

 

[ DR:5-101, DR:5-105]

 

Committee Opinion July 9, 1987