Advisory Opinion: 1003

Year Issued: 1986

RPC(s): RPC 3.7

Subject: Lawyer as witness; representation of client other than at trial


The Committee was of the opinion that after you had been representing a client, and you determined that it would be necessary for you to testify as a witness at a trial concerning that matter, the Rules of Professional Conduct would not prohibit you from continuing to represent the client in matters separate and distinct from the court trial. Neither would you be prohibited from providing legal research, legal opinions, court papers, settlement agreements, and other legal work to the trial attorney. The Committee was of the further opinion that you could bill for your continued services and for your time for testifying at trial.

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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.