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-

101, DR:5-102(B)]


Committee Opinion May 24, 1985