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WSBA 1986

Can a lawyer testify for impeachment when another lawyer in the same firm is trying the case?

Short answer: The committee concluded that RPC 3.7 would prohibit a lawyer in a firm from testifying for impeachment purposes in a case in which another lawyer from the firm was the trial advocate, but the Rules would not prohibit a non-lawyer employee of the firm from testifying.

Apply this to your situation

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.

Currency note: this opinion is from 1986
Subsequent statutory amendments, court decisions, or later opinions or rule amendments may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
Disclaimer: Advisory only. Not binding precedent.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page) is the authoritative source for any reliance.

Plain-English summary

The committee addressed whether a lawyer who is a member of a law firm could testify for impeachment purposes in a case in which another lawyer from the same firm was representing a party at trial. The committee was of the opinion that RPC 3.7 would prohibit that firm lawyer from testifying.

The committee added that the Rules would not prohibit a non-lawyer employee of the firm from testifying in the same situation.

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 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 Treat this page as historical context, not current guidance.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 lawyer testify to impeach a witness when a colleague in the same firm is trying the case?

A: Under this opinion, no. The committee was of the opinion that RPC 3.7 would prohibit a firm lawyer from testifying for impeachment purposes when another lawyer from the firm was representing a party at trial.

Q: Can a non-lawyer employee of the firm testify instead?

A: Yes. The committee noted the Rules would not prohibit a non-lawyer employee of the firm from testifying.

Background and rules framework

The opinion interprets Washington RPC 3.7 on a lawyer as a witness, corresponding to Model Rule 3.7, as it stood in 1986. The committee read the rule to reach a lawyer in the same firm as the trial advocate, so that the firm lawyer could not testify for impeachment, while treating a non-lawyer employee of the firm as outside the rule.

Citations and references

Rules of Professional Conduct:

  • Washington RPC 3.7 (lawyer as a witness), corresponding to Model Rule 3.7.

See also

Source

Original opinion text

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

Advisory Opinion: 998
Year Issued: 1986
RPC(s): RPC 3.7
Subject: Lawyer as witness; non-lawyer staff as witness

The Committee was of the opinion that RPC 3.7 would prohibit a lawyer who is a member of a law firm from testifying for impeachment purposes in a case in which another lawyer from the firm was representing a party at trial. The Committee did note, however, that the Rules would not prohibit a non-lawyer employee of the firm from testifying.

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