Lawyers As A Witness

Frankly, it’s a bad idea. A lawyer who is a witness on a case, should not represent the client any further. It smacks of malpractice and besides, it may end up calling you to the stand to testify.

Let me give you an example of this. A lawyer who represents a client in a matter and then conducts the client’s business for him or her. Bad news for lawyer. First of all, lawyer could end up getting sued by the client if lawyer does something stupid, but more importantly, lawyer is now a witness in any case brought against client.

So if you as the lawyer are representing client,, do not, I repeat, do not get involved with client outside of your representation of client. Just think about it, lawyer, why wouldn’t you get called as a witness and then be disqualified to represent client?

And at what point, would your opponent move to disqualify you? Right at trial? How about early on in the proceedings? At best continued representation of the client is unethical when you know you are in litigation.

At worst,, it’s malpractice and fertile ground for a grievance. You have charged the client thousands of dollars to represent him or her and then you can’t go forward because you’re a fact witness. Hummm, what the hell were you thinking?

Anyway, most lawyers are not dumb enough to make that mistake, let’s hope you don’t ever do that. It’s a terrible idea and one that spells trouble for you and grounds for a malpractice suit for your client.

As always,, have a nice day and remember, there’s always someone out there who will question your “greatness”, so be prepared.

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One Response to “Lawyers As A Witness”

  1. DKNun Says:

    That is BULLSHIT. Lawyers can do whatever they wish- and in Probate Courts like Harris County #3, Roary Olsen-judge,
    NO CRIMINAL LAW APPLIES …sounds wierd even now when I wrote that AGAIN….. But it is TRUE. (cause # 351,316)

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