LEO: Conflict of Interest - Attorney as LE Op. 866
Conflict of Interest - Attorney as Witness.
November 26, 1986
It is not improper for an attorney to continue representing the adverse
party in litigation, even though it is obvious that the attorney will be
called as a witness for other than his own client, until it is apparent
that his testimony may be prejudicial to his client. Whether or not the
testimony will be prejudicial is a factual question which is not within
the purview of the committee (and should be decided by the court). [ DR:
Committee Opinion November 26, 1986
See also LE Op. 1118, LE Op. 1226, and LE Op. 1313.