Multistate Professional Responsibility Exam Practice Question
An attorney is defending a small-business owner who was sued for breach of contract. Opposing counsel has filed papers to call the attorney to testify about relevant statements the attorney heard at a meeting. The small-business owner insists the attorney remain as trial counsel anyway. What best governs the attorney’s decision, according to the ethical rules?
The attorney can negotiate a deal with opposing counsel to omit testimony and continue the representation without further disclosure.
The attorney should remain as trial counsel because that is what the client requests.
The attorney can remain as counsel provided the small-business owner consents in writing and the attorney limits testimony to a narrow topic.
The attorney should withdraw if the attorney’s testimony covers an important disputed matter, except when an exception to the witness rule applies.
A legal professional cannot properly function as both the advocate and principal witness when the information is crucial and disputed. This rule ensures clarity for the tribunal and safeguards the client’s position. If the attorney must present relevant testimony about a significant issue, being both the key witness and trial counsel can mislead the tribunal and create a conflict. Exceptions apply when the testimony involves uncontested matters or the nature and value of legal services, or when withdrawing places a severe burden on the client. Proposed solutions that rely solely on consent or deals with opposing counsel overlook these necessary limits.
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