ISBA Ethics Opinions by IRPC Rule 3.7 | Illinois State Bar Association

Read Illinois Rule of Professional Conduct 3.7 Lawyer as Witness

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Rule 3.7 Lawyer as Witness
Rule 3.7(a)
Rule 3.7(b)

Rule 3.7 Lawyer as Witness

Opinion 11-06 | Lawyer as Witness
Lawyer likely to be disqualifited as necessary witness at trial may continue to represent client up until trial

A lawyer who is disqualified by reason of his or her likely being called as a necessary witness may continue the representation until commencement of trial.
Opinion 11-05 | Multiple Representation
Lawyer likely to be disqualified as necessary witness at trial may continue to represent client up until trial

A lawyer who is disqualified by reason of his or her likely being called as a necessary witness may continue the representation until commencement of trial. Representation of multiple clients in a single matter is not prohibited, although a number of special concerns must be addressed. Representation of multiple clients in the same matter will ordinarily require the informed consent of the clients.
Opinion 93-07 | Lawyer as Witness
Representing plaintiff and testifying to conversations with defendant
1. As a general rule, an attorney should avoid appearing both as the advocate and as witness in the same case.
2. An attorney may act as a witness and have another attorney of the same firm act as advocate in a trial.
3. An attorney may be both advocate and witness if substantial hardship will result to the client if the attorney is disqualified as counsel.
Opinion 88-07 | Confidentiality | Former Client
Lawyer representing interests adverse to former client and using confidential, but public, information

It is professionally improper for an attorney to file an annexation lawsuit against a Village Board when the attorney has obtained confidential information in his previous position as Village Board Attorney regardless of whether this information is disclosed to the general public.

Rule 3.7(a)

Opinion 93-07 | Lawyer as Witness
Representing plaintiff and testifying to conversations with defendant
1. As a general rule, an attorney should avoid appearing both as the advocate and as witness in the same case.
2. An attorney may act as a witness and have another attorney of the same firm act as advocate in a trial.
3. An attorney may be both advocate and witness if substantial hardship will result to the client if the attorney is disqualified as counsel.
Opinion 92-13 | Lawyer as Witness
Testimony related to collection of attorney fees
1. Attorney generally should not be witness and advocate in the same trial.
2. Attorney's suit for fees from former client is an express exception to the rule prohibiting the advocate's testimony as a witness.
3. Another member of the advocate/witness law firm may represent the client in an action if there is no conflict and certainly in action for payment of fees.
Opinion 91-24 | Confidentiality | Court Obligations | Guardians and Guardianship
Duty to disclose theft of estate assets by guardian

Attorney for disabled adult's estate should report the taking of money from the estate by a guardian to the probate court even though taken under a claim of right by the guardian where the attorney did not represent the guardian personally in connection with the estate.

Rule 3.7(b)

Opinion 93-07 | Lawyer as Witness
Representing plaintiff and testifying to conversations with defendant
1. As a general rule, an attorney should avoid appearing both as the advocate and as witness in the same case.
2. An attorney may act as a witness and have another attorney of the same firm act as advocate in a trial.
3. An attorney may be both advocate and witness if substantial hardship will result to the client if the attorney is disqualified as counsel.
Opinion 92-13 | Lawyer as Witness
Testimony related to collection of attorney fees
1. Attorney generally should not be witness and advocate in the same trial.
2. Attorney's suit for fees from former client is an express exception to the rule prohibiting the advocate's testimony as a witness.
3. Another member of the advocate/witness law firm may represent the client in an action if there is no conflict and certainly in action for payment of fees.

ISBA Advisory Opinions on Professional Conduct are prepared as an educational service to members of the ISBA. While the opinions express the ISBA interpretation of the Illinois Rules of Professional Conduct and other relevant materials in response to a specific hypothesized fact situation, they do not have the weight of law and should not be relied upon as a substitute for individual legal advice. For more information, call the ISBA Legal Department at (217) 525-1760 or (800) 252-8908.

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