990206 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 990206

Rules: 4–3.7

Advocate

Lawyer as Witness

Subject: Lawyer as Witness

Summary: lawyer who acted as witness at trial can handle the appeal

QUESTION: Attorney originally entered an appearance on behalf of a client to expedite the filing of a petition for dissolution of marriage. Client then hired Attorney B. Attorney B entered an appearance and handled the case through trial. Attorney never withdrew as counsel. Attorney was called as a witness in the matter and testified. No objection was raised as to Attorney´s testimony at the time of trial. At the conclusion of the trial, an appeal was filed. Attorney C was hired to handle the appeal. The case has been briefed, but Attorney C has now withdrawn. Does Rule 4 dash–3.7 prohibit Attorney from representing the client through the conclusion of the appeal?

ANSWER: Attorney will not violate Rule 4 dash–3.7 by representing Attorney´s client through the conclusion of the appeal. If the case is remanded for further trial proceedings and Attorney´s testimony is again required, Attorney may not act as an advocate at trial.

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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