Did Rule 4-3.7 bar trial counsel from testifying only about a prior statement on attorney fees?

Plain-English summary

A case was returning to trial after appeal. Opposing counsel intended to call trial counsel to testify about a statement made during a conference with the judge on whether the client sought attorney fees.

The opinion found Rule 4-3.7 would not bar counsel from continuing if testimony was limited to that statement. Testimony on another issue might change the conclusion. The opinion also did not restrict the court's discretion on a disqualification motion.

Currency note

This 1995 opinion predates Missouri's 2007 amendments to its Rules of Professional Conduct. An official reference note identifies July 1, 2007 amendments to Rules 4-1.9 and 4-1.10. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context and verify current rules before relying on it.

Common questions

Q: Would this limited testimony require withdrawal under Rule 4-3.7?

A: No, if the lawyer testified solely about the statement to the court on the client's fee request.

Q: What if testimony concerned another issue?

A: The opinion said its conclusion might change.

Q: Did the opinion decide a disqualification motion?

A: No. It expressly left the court's discretion intact.

Background and rules framework

The opinion applied Missouri Rule 4-3.7 to a narrowly described lawyer-as-witness issue and preserved the court's independent authority over disqualification.

Citations and references

Rules of Professional Conduct:

• Missouri Rule 4-3.7

See also

• Missouri Informal Op. 950125: Estate lawyer testimony
• Missouri Informal Op. 950091: Adverse expert opinion

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/950063/

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

QUESTION: Attorney represents a client in a case which was appealed and will now go to trial on remand. Opposing counsel has indicated an intention to call Attorney as a witness regarding a statement Attorney made during a conference with the judge about whether Attorney´s client was requesting attorney fees. ANSWER: If Attorney is called as a witness to testify solely about Attorney´s statement in court regarding whether Attorney´s client was requesting fees, Rule 4–3.7 would not prohibit Attorney from continuing to serve as counsel at trial. However, if Attorney´s testimony relates to any other issue, the conclusion might change. Additionally, this opinion has no effect on the discretion of the court to rule on a motion to disqualify.