Does the lawyer-as-witness rule bar a lawyer who is sued from representing himself, or a partner from representing him?
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This page answers the general question as of 1989. Ask about yours and see what the current Washington Rules of Professional Conduct say for your facts, with citations.
Plain-English summary
The inquiry concerned whether RPC 3.7, the lawyer-as-witness rule, applies to a lawyer who is sued and wishes to represent himself, or to have a partner or associate represent him.
The committee was of the opinion that RPC 3.7 is not intended to prevent a lawyer who is a party defendant in an action from representing himself, nor intended to prevent a partner or associate of that lawyer from representing the defendant lawyer in those proceedings. Because the committee believed this was an issue of broad interest to members of the Bar, it stated that it intended to draft a proposed Formal Opinion and submit it to the Board of Governors for consideration.
Currency note
This opinion was issued in 1989, before the 2006 revisions to the Washington Rules of Professional Conduct. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.
Common questions
Q: Can a lawyer who is sued represent himself even though he is a witness?
A: Under this opinion, yes. The committee read RPC 3.7 not to prevent a lawyer who is a party defendant from representing himself.
Q: Can the defendant lawyer's partner or associate represent him?
A: Yes. The committee said RPC 3.7 is not intended to prevent a partner or associate of the defendant lawyer from representing him in those proceedings.
Background and rules framework
RPC 3.7, Washington's version of ABA Model Rule 3.7, generally bars a lawyer from acting as advocate at a trial in which the lawyer is likely to be a necessary witness, with exceptions, and addresses when the disqualification is imputed to the lawyer's firm. The committee read the rule not to reach a lawyer defending himself, or being defended by a partner or associate, and signaled its intent to develop a formal opinion on the question.
Citations and references
Rules of Professional Conduct:
- ABA Model Rule 3.7 (lawyer as witness)
- Washington RPC 3.7
See also
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=342
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
The Committee is of the opinion that RPC 3.7 is not intended to prevent a lawyer who is a party defendant in an action from representing him or herself, nor intended to prevent a partner or associate of that lawyer from representing the defendant lawyer in those proceedings. Because the Committee believes this is an issue of broad interest to members of the Bar, it intends to draft a proposed Formal Opinion and submit it to the Board of Governors for a their consideration.
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