LEO: Attorney as Witness for Co-Defendant of LE Op. 703
Attorney as Witness for Co-Defendant of Client.
May 24, 1985
Attorneys A and B represented co-defendants being tried separately.
Attorney A was a witness to a conversation in which the complaining
witness identified a third party as the person guilty of the crimes
charged to the co-defendants. It is not improper for Attorney A to (1)
continue representing his client and (2) testify at the preliminary
hearing of Attorney B's client regarding the conversation. [ Cf. DR:4-
Committee Opinion May 24, 1985