LEO: Conflict ofbInterest  LE Op. 879


Conflict ofbInterest - Attorney as Witness.


March 11, 1987


Plaintiff's attorney, in a pending suit, seeks sanctions from the

defendant in the form of plaintiff's attorney's fees generated by

defendant's failure to properly respond to discovery. In this situation,

it is not improper for plaintiff's attorney to continue his representation

when plaintiff's attorney will be giving evidence through the proffered

affidavits so long as the attorney's testimony, if required to testify,

relates solely to the nature and value of legal services rendered. [ DR:

5-101(B)(1) and (2), DR:5-102(A)]


Committee Opinion March 11, 1987




See also LE Op. 1359.