Advisory Opinion: 998

Year Issued: 1986

RPC(s): RPC 3.7

Subject: Lawyer as witness; non-lawyer staff as witness

The Committee was of the opinion that RPC 3.7 would prohibit a lawyer who is a member of a law firm from testifying for impeachment purposes in a case in which another lawyer from the firm was representing a party at trial. The Committee did note, however, that the Rules would not prohibit a non-lawyer employee of the firm from testifying.

Advisory Opinions are provided for the education of the Bar and reflect the opinion of the Committee on Professional Ethics (CPE) or its predecessors. Advisory Opinions are provided pursuant to the authorization granted by the Board of Governors, but are not individually approved by the Board and do not reflect the official position of the Bar association. Laws other than the Washington State Rules of Professional Conduct may apply to the inquiry. The Committee's answer does not include or opine about any other applicable law other than the meaning of the Rules of Professional Conduct.