Does the lawyer-as-witness rule stop a lawyer from representing himself, or from being represented by another lawyer in the same firm?
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This page answers the general question as of 1989. 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 inquiry arose from the possible formation of a law partnership between the inquirer's firm and a lawyer who was then representing the inquirer in litigation. The committee considered whether RPC 3.7, the lawyer-as-witness rule, would bar that arrangement. After considerable discussion, it was of the opinion that RPC 3.7 is not intended to prevent a lawyer from representing himself or herself in litigation, nor to prevent a lawyer from being represented by another lawyer in the same firm.
The committee noted that it viewed this as a significant issue of interest to lawyers in the state and said it would consider proposing a formal opinion to the Board of Governors, but it directed that its informal opinion be provided in the meantime.
Currency note
This opinion was issued in 1989, before the Washington State Bar Association's adoption of the 2006 revisions to the Washington Rules of Professional Conduct. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance.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: Does RPC 3.7 stop a lawyer from representing himself in litigation?
A: Under this 1989 opinion, no. The committee said the lawyer-as-witness rule was not intended to prevent self-representation.
Q: Can a lawyer be represented by another lawyer in the same firm?
A: Yes. The committee concluded RPC 3.7 was not intended to prevent a lawyer from being represented by another lawyer in the same firm.
Background and rules framework
RPC 3.7, Washington's version of ABA Model Rule 3.7, restricts a lawyer from acting as advocate at a trial in which the lawyer is likely to be a necessary witness. The committee read the rule's purpose narrowly here, finding it did not reach a lawyer's self-representation or representation by a same-firm colleague in the litigation.
Citations and references
Rules of Professional Conduct:
- ABA Model Rule 3.7 (lawyer as witness)
- Washington RPC 3.7
See also
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=337
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
The Committee reviewed your inquiry concerning the possible formation of a law partnership between your law firm and a lawyer who is presently representing you in litigation. After considerable discussion, the Committee was of the opinion that RPC 3.7 is not intended to prevent a lawyer from representing him or herself in litigation, nor to prevent a lawyer from presenting another lawyer in the same law firm in litigation. Because the Committee believes this is a significant issue of interest to lawyers in our state, the Committee is going to consider proposing Formal Opinion to the Board of Governors on this. However, they directed that I should give you their informal opinion at this time.
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