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.