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Simple English definitions for legal terms
advocate-witness rule
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A quick definition of advocate-witness rule:
The advocate-witness rule is a principle that says a lawyer who might be called to testify in a trial cannot also act as an advocate in the same case, unless the testimony is about something that is not disputed or the amount of money the lawyer should be paid. This rule allows a lawyer to be a witness for formal matters but discourages them from testifying on behalf of their client. It is important to follow this rule to ensure fairness and impartiality in the legal process.
A more thorough explanation:
The advocate-witness rule, also known as the lawyer-witness rule, is a principle that states that an attorney who is likely to be called as a fact witness in a trial cannot participate as an advocate in the case. However, there are exceptions to this rule.
For instance, if the testimony will be about an uncontested matter or the amount of attorney's fees in the case, the attorney can participate as an advocate. Additionally, if disqualifying the attorney would create a substantial hardship for the client, the attorney can still participate as an advocate.
The rule allows an attorney who is actively participating in the case to be a witness on formal matters. However, it discourages testimony on other matters on behalf of a client.
For example, if an attorney is representing a client in a personal injury case and is also a witness to the accident, the attorney cannot participate as an advocate in the case. However, if the attorney's testimony is about the amount of attorney's fees, they can still participate as an advocate.
The advocate-witness rule is designed to ensure that the attorney's role as an advocate does not conflict with their role as a witness, which could compromise the fairness of the trial.