MENU

Posts Tagged ‘Advocate-Witness Rule’

  • A Thoughtful Case on Advocate-Witness Rule

    NYPRR Archive • • Comments Off on A Thoughtful Case on Advocate-Witness Rule

    By Roy Simon [Originally published in NYPRR November 2010]   This year (2010) has produced a bumper crop of decisions about the advocate-witness rule (Rule 3.7) in New York state and federal courts. I have already written about the advocate-witness rule...

  • Flurry of Decisions Under Advocate-Witness Rule (Rule 3.7)

    NYPRR Archive • • Comments Off on Flurry of Decisions Under Advocate-Witness Rule (Rule 3.7)

    By Roy Simon [Originally published in NYPRR May 2010]   The advocate-witness rule has always been a powerful rule. Unlike other conflict of interest rules, client con-sent cannot cure a disqualification that arises when a lawyer who will be a witness...

  • Lawyers as Witnesses — Civil and Criminal Cases

    NYPRR Archive • • Comments Off on Lawyers as Witnesses — Civil and Criminal Cases

    By Mary C. Daly [Originally published in NYPRR April 2002]   In NYPRR, February 2002, I provided a general overview of DR 5-102, the so-called “advocate/witness” rule. This article examines how the state and federal courts have interpreted that rule...

  • Lawyers as Witnesses: An Overview

    NYPRR Archive • • Comments Off on Lawyers as Witnesses: An Overview

    By Mary C. Daly [Originally published in NYPRR February 2002]   When a lawyer thinks about conflicts of interest, what usually comes to mind are conflicts between the lawyer and a client or between clients. Too often a lawyer neglects to examine whether...

  • Lawyer May Bill Hourly Rate When Appearing as Witness

    NYPRR Archive • • Comments Off on Lawyer May Bill Hourly Rate When Appearing as Witness

    By Lazar Emanuel [Originally published in NYPRR June 1999]   N.Y. State Bar Op. 714 (1999) Question: May a lawyer accept compensation from a former client for time in preparing to testify in a matter and for testifying as a witness? Answer: Yes, provided...

Need help? Email us at nylerhelp@newyorklegalethics.com