Can a lawyer represent the law firm in a lawsuit against a former client when firm lawyers would be witnesses?
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This page answers the general question as of 1986. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.
Plain-English summary
The committee was of the opinion that a lawyer in the firm could not represent the firm in litigation with a former client. The committee explained that the representation did not fall within the exceptions provided in RPC 3.7, because the testimony of the witnesses in the law firm would not relate to the nature and value of legal services rendered in the pending case, and it did not appear that the testimony would be uncontested or a mere formality.
Currency note
This opinion was issued in 1986, before the 2006 revisions to the Washington Rules of Professional Conduct. RPC 3.7 on a lawyer as a witness, including its exceptions, was later renumbered and amended. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.
Common questions
Q: Can a firm lawyer represent the firm in a suit against a former client?
A: On these facts, no. The committee was of the opinion that the representation did not fall within the exceptions provided in RPC 3.7.
Q: Why didn't the RPC 3.7 exceptions apply?
A: The committee explained that the firm witnesses' testimony would not relate to the nature and value of legal services rendered in the pending case, and it did not appear the testimony would be uncontested or a mere formality.
Background and rules framework
The opinion applies Washington RPC 3.7 on a lawyer as a witness, corresponding to Model Rule 3.7, to a firm lawyer representing the firm against a former client. The committee turned on the rule's exceptions, finding the firm witnesses' testimony neither limited to the nature and value of legal services in the pending case nor uncontested or a mere formality.
Citations and references
Rules of Professional Conduct:
- Washington RPC 3.7 (lawyer as a witness; exceptions), corresponding to Model Rule 3.7.
See also
- WSBA Ethics Op. 1041: one lawyer representing a fellow lawyer in the same firm
- WSBA Ethics Op. 998: a firm lawyer as an impeachment witness when a colleague tries the case
- WSBA Ethics Op. 1003: a lawyer-witness may continue representation outside the trial itself
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=153
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Advisory Opinion: 1042
Year Issued: 1986
RPC(s): RPC 3.7
Subject: Lawyer as witness; representation of law firm in litigation against former client
The Committee was of the opinion that a lawyer in your law firm could not represent your law firm in litigation with a former client because it does not fall within the exceptions provided in RPC 3.7 in that the testimony of the witnesses in the law firm would not relate to the nature and value of legal services rendered in the pending case and it did not appear that the testimony would be uncontested or a mere formality.
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