May a lawyer's wife testify for the lawyer's client when no other witness is available?

Plain-English summary

A member represented a woman in a divorce case brought by her husband, who was attempting to obtain custody of an infant child. The client found it difficult to obtain witnesses to her fitness to care for the child, but the lawyer's wife, who knew the woman well, could testify from her own personal observation. The wife had no knowledge of the details of the marriage or anything other than the wife's fitness for custody.

The committee did not believe there was any bar to the lawyer's wife testifying. It read Canon 19 as relating to the testimony of the lawyer, not the testimony of a lawyer's wife. The committee said it would be well, if possible, to obtain other witnesses, but if none were available, it thought it perfectly proper for the wife to testify and for the lawyer to argue the credibility of his wife's testimony.

Currency note

This opinion was issued in 1961, before The Florida Bar's adoption of the 2006 revisions to the Rules of Professional Conduct. The opinion applied former Canon 19 of the Canons of Professional Ethics; the lawyer-as-witness rule is now addressed by Rule 4-3.7 of the Rules Regulating The Florida Bar (Model Rule 3.7). Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against the current rules before relying on any specific requirement mentioned here.

Common questions

Q: Did the lawyer-witness rule bar the lawyer's wife from testifying?

A: No. The committee read Canon 19 to relate only to the testimony of the lawyer himself, not to the testimony of the lawyer's wife.

Q: What did the committee suggest about other witnesses?

A: It said it would be well, if possible, to obtain other witnesses, but if none were available it thought it perfectly proper for the wife to testify and for the lawyer to argue the credibility of her testimony.

Background and rules framework

The opinion applied former Canon 19 of the Canons of Professional Ethics, the predecessor of the lawyer-as-witness rule now in Rule 4-3.7 of the Rules Regulating The Florida Bar (Model Rule 3.7). The committee confined the rule to the lawyer's own testimony, leaving the wife free to testify on the limited question of the client's fitness for custody.

Citations and references

Rules of Professional Conduct:

• Canon 19 [Canons of Professional Ethics; see current Rule 4-3.7]

See also

No sibling opinions yet indexed.

Source

• Landing page: https://www.floridabar.org/etopinions/etopinion-61-31/
• Original PDF: https://www-media.floridabar.org/uploads/2017/04/FL-Bar-Ethics-Op-61-31-1.pdf

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

FLORIDA BAR ETHICS OPINION
OPINION 61-31
December 20, 1961
Advisory ethics opinions are not binding.
In a divorce case where no other witnesses are available, a lawyer's wife may testify in behalf of the lawyer's client to prove her fitness to have custody of her child.
Canon: 19
Chairman Holcomb stated the opinion of the committee:
A member of The Florida Bar requested the opinion of the Committee in a matter in which he represents a woman in a divorce case instituted by her husband, who is attempting to obtain custody of an infant child. His client finds it difficult to obtain witnesses to testify to her fitness to care for the child, but the lawyer's wife, who knows the woman well, can testify from her own personal observation, but has no knowledge of the details of the marriage or anything other than the fitness of the wife for custody of the child.
Under these circumstances, we do not believe there is any bar to the lawyer's wife testifying. Canon 19 does not relate to testimony of a lawyer's wife, but only to that of the lawyer. We believe it would be well, if possible, to obtain other witnesses, but if none are available, then we think it perfectly proper for his wife to testify and for him to argue the credibility of his wife's testimony.