Advisory Opinion: 1042

Year Issued: 1986

RPC(s): RPC 3.7

Subject: Lawyer as witness; representation of law firm in litigation against former client

The Committee was of the opinion that a lawyer in your law firm could not represent your law firm in litigation with a former client because it does not fall within the exceptions provided in RPC 3.7 in that the testimony of the witnesses in the law firm would not relate to the nature and value of legal services rendered in the pending case and it did not appear that the testimony would be uncontested or a mere formality.

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.