LEO: Attorney as Witness - Conflict of LE Op. 950
Attorney as Witness - Conflict of Interest.
July 9, 1987
An attorney has been requested to serve as an expert witness for the U.S.
Attorney's office in a possible criminal action involving the principals
and some of the former employees of a certain corporation. The attorney's
testimony will relate to whether certain real estate transactions were
fraudulent. The attorney will be required to examine title to certain
properties and to opine regarding recorded documents and closing
procedures. A former employee of the potential defendants is now a
corporate officer of corporations the attorney currently represents. It is
not improper, given the above, for the attorney to serve as an expert
witness as long as full disclosure is made to and consent received from
both the U.S. Attorney and corporate client.
[ DR:5-101, DR:5-105]
Committee Opinion July 9, 1987