Informal Opinion Number: 960130

Rules: 3.7
Lawyer as Witness

QUESTION: Attorney has been subpoenaed by the other party. Attorney is seeking to quash the subpoena. May Attorney continue to represent Attorney´s clients? ANSWER: Attorney may act as an advocate at trial if Attorney is not a witness at trial. However, if Attorney is a witness at trial, Attorney may not represent anyone at the trial. If there is another lawyer in Attorney´s office, that lawyer may represent Attorney´s clients at trial even if Attorney is a witness. If Attorney is likely to be a witness at trial, this does not prevent Attorney from continuing to represent Attorney´s clients in pretrial matters, except any matters relating to Attorney´s own credibility. This opinion does not imply any opinion on the subpoena or Attorney´s motion to quash. Those matters are within the sole province of the court.

Informal Opinions are ethics advisory opinions issued by the Office of Legal Ethics Counsel to members of the Bar about Rule 4 (Rules of Professional Conduct), Rule 5 (Complaints and Proceedings Thereon), and Rule 6 (Fees to Practice Law) pursuant to Missouri Supreme Court Rule 5.30(c). Written summaries of select Informal Opinions are published for informational purposes as determined by the Advisory Committee of the Supreme Court of Missouri pursuant to Rule 5.30(c). Informal opinion summaries are advisory in nature and are not binding. These opinions are published as an educational service and do not constitute legal advice.

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