LEO: Conflict of Interest - Attorney as LE Op. 723
Conflict of Interest - Attorney as Witness - Withdrawal.
September 24, 1985
An attorney/co-executor/witness must discontinue representation of a
client in pending litigation unless the finder of fact determines that the
attorney/co-executor's testimony will relate solely to an uncontested
matter or to a matter of formality to which no substantial opposing
evidence will be offered; or determines that the attorney/co-executor will
be called as a witness other than on behalf of the client and the
attorney's testimony will not be prejudicial to the client. [See: DR:5-
Committee Opinion September 24, 1985
See also LE Op. 907, LE Op. 1359, and LE Op. 1424.