Time Series Foundation Models - current state and future directions
Member as witness
1.
2. Q:
Can an attorney represent a
client if he or one of his
employees may be called as a
witness in the case?
A:
Yes
• Given certain
circumstances an
attorney may represent
someone in a matter that
he or an employee will
testify in.
3. RPC 5-210
• A member shall not act as an advocate before a jury
which will hear testimony from the member unless:
(A) The testimony relates to an uncontested matter; or
(B) The testimony relates to the nature and value of legal
services rendered in the case; or
(C) The member has the informed, written consent of the
client. If the member represents the People or a
governmental entity, the consent shall be obtained
from the head of the office or a designee of the head
of the office by which the member is employed and
shall be consistent with principles of recusal.
4. Comments
• I think section (A) is understandable as is. If the details being
testified to are not contested then there isn’t reason to restrict the
testimony, in that situation it would be a conveyance of facts
acknowledged by both sides.
• Section (B) I am still trying to grasp. I believe this means that an
attorney may testify to the quality and characteristic of his
representation. (C) allows testimony to be given if the client or the
powers be consent in writing.
• I think that the ethical dilemma in a member testifying is that the
member typically knows (perhaps unfavorable) things about his
client that are secured by confidentiality. A conflict may arise
between being truthful under oath when testifying and in
maintaining confidentiality. In such a circumstance which duty
should prevail? I think that question is the ethical conflict and the
reason why although a member is permitted to testify given the
appropriate circumstance they should avoid it if possible.
5. Balancing the duty of client
confidentiality and testimony can be
tricky. One doesn’t necessarily harm
the other but they do seem
contradictory to each other and the
dual roles should be approached with
care.
An attorney shouldn’t
bare witness in a matter
of his client unless the
testimony is of particular
content and he is
permitted to in writing.
6. Rules of Professional Conduct
Chapter 5: Advocacy and
Representation
Rule 5-210: Member as Witness
