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Simple English definitions for legal terms

attorney-witness rule

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A quick definition of attorney-witness rule:

The attorney-witness rule states that a lawyer who may be called to testify in a trial cannot also act as an advocate in the case, unless the testimony is about an uncontested matter or the amount of attorney's fees, or if not allowing the lawyer to participate would cause significant hardship for the client. The rule allows a lawyer to be a witness on formal matters but discourages them from testifying on behalf of their client.

A more thorough explanation:

The attorney-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. This is unless the testimony is about an uncontested matter, the amount of attorney's fees in the case, or if disqualifying the attorney would create a substantial hardship for the client.

The rule allows an attorney who is actively participating in the case to be a witness on formal matters but discourages testimony on other matters on behalf of a client. This rule is outlined in the Model Rule of Professional Conduct 3.7 (1983).

For example, if an attorney is representing a client in a personal injury case and was present during the accident, they may be called as a witness to testify about what they saw. In this case, the attorney cannot continue to act as an advocate for their client in the trial.

Another example is if an attorney is representing a client in a divorce case and is also a financial expert. If the attorney's testimony is needed to explain complex financial matters, they may be allowed to testify as a witness, but they cannot continue to act as an advocate for their client in the trial.

attorney's fees | attornment

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HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
Right. Broken links smh
I've been UR since first/second week of Jan, no updates otherwise, is that a bad sign? At or above median LSAT and above 75th gpa.
The profile links are not working for me. anybody else?
13:18
i’m in the same boat mastermonkey but with lower stats. i hope i hear back by mid march
CheeseIsMyLoveLanguage
13:24
@mastermonkey45: Looking at some of the recent decisions in relation to when they went complete, I'd say it's a good sign. It seems many declines were sent within about 5-6 weeks of completion. Given those were applications that were SENT in January, I'd say that means you're still solidly in the running. :)
14:30
Sent an app to OSU in early december and have STILL not heard back
Give it 4 more weeks at least. Everyone in this chat needs to wait longer.
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