lawyer witness rule
lawyer-witness rule. The principle that an attorney who will likely be called as a fact witness at trial may not participate as an advocate in the case, unless the testimony will be about an uncontested matter or the amount of attorney’s fees in the case, or if disqualifying the attorney would create a substantial hardship for the client. • The rule permits an attorney actively participating in the case to be a witness on merely formal matters but discourages testimony on other matters on behalf of a client. Model Rule of Professional Conduct 3.7 (1983). — Also termed advocate-witness rule; attorney-witness rule. [Cases: Attorney and Client 22; Witnesses 67. C.J.S. Attorney and Client §§ 135–136; Witnesses §§ 176–190.]
