LEO: Attorney - Attorney as Witness  LE Op. 960

 

Attorney - Attorney as Witness.

 

September 3, 1987

 

While a sole practitioner, an attorney rendered substantial services to a

defendant who later refused to pay for the services. Consequently, the

attorney filed suit against the defendant, which was removed to circuit

court. Since that time, the attorney has formed a law firm in which all

the attorneys share in the company's profits and have various interests

relating to the assets owned by the partnership. All outstanding accounts

payable and fees received, even if generated prior to the foundation of

the partnership, are assets of the new partnership. It is not improper,

given the above, for one of the attorney's partners to represent the firm

in this litigation if the attorney will be testifying as to the fee

arrangement, services rendered and fair market value of the services. [

DR:5-101(B)(2)]

 

Committee Opinion September 3, 1987