Rule 3.7. Lawyer as Witness

Category: NH Rules of Professional Conduct Section: STATEMENT OF PURPOSE

(a) A lawyer shall not act as advocate at a trial in which the lawyer 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 lawyer would work unreasonable hardship on the client.

(b) A lawyer may act as advocate in a trial in which another lawyer in the lawyer's firm is likely to be called as a witness unless precluded from doing so by Rule 1.7 or Rule 1.9.


2004 ABA Model Rule Comment
RULE 3.7 LAWYER AS WITNESS

[1] Combining the roles of advocate and witness can prejudice the tribunal and the opposing party and can also involve a conflict of interest between th

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