Federal Court Reminds that Lawyer-Witness Rule Does Not Result in Automatic Disqualification
Headline as published by Washington State Bar Association (NWSidebar).
The “lawyer-witness” rule, RPC 3.7, disqualifies a lawyer from trial counsel if they are a necessary witness, to prevent jury confusion. A recent Seattle court case, Fisher v. Boeing, clarified that disqualification isn't automatic; the moving party must show the lawyer holds unique material evidence. Otherwise, the firm may continue in representation.
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