Lawyer as a Witness

Lawyer as a Witness

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This program presents ethical issues affecting attorneys arising in the context of litigation, that may result in an advocate serving as third-party witness. Specifically, the program will discuss the ethical issues involving Maryland Rule of Professional Conduct Rule 19-303.7 (premised upon Rule 3.7 of the ABA Model Rules of Professional Conduct 3.7), which provides: (a) An attorney shall not act as advocate at a trial in which the attorney is likely to be a necessary witness unless: (1) the testimony relates to an uncontested issue; (2) the testimony relates to the nature and value of legal services rendered in the case; or (3) disqualification of the attorney would work substantial hardship on the client. (b) An attorney may act as advocate in a trial in which another attorney in the attorney’s firm is likely to be called as a witness unless precluded from doing so by Rule 19-301.7 (1.7) or Rule 19-301.9 (1.9). Md. R. Prof. Conduct 19-303.7.

One hour of ethics credit will be offered for the surrounding MCLE states of Virginia, Delaware and Pennsylvania.

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