Rule 3.7 Lawyer as Witness

A lawyer generally can't be both a witness and the trial lawyer in the same case. If someone needs to testify about the facts, they usually can't also be the one arguing the case to the judge or jury. This rule exists because it gets confusing for everyone, including the jury, when one person is both giving testimony and acting as an advocate at the same time.

There are a few exceptions, though. A lawyer can serve as both witness and advocate if the testimony is about something nobody disputes, if it's just about the legal fees charged in the case, or if removing the lawyer from the case would cause a real hardship for the client. These exceptions cover situations where letting the lawyer stay on makes more sense than forcing the client to find new counsel.

This rule only applies to the individual lawyer who needs to testify. Other lawyers at the same law firm can still act as the advocate at trial, even if their colleague is expected to be a witness. The only time this becomes a problem is if it creates a conflict of interest under separate rules dealing with client loyalty (Rule 1.7) or duties to former clients (Rule 1.9).