职业行为准则

规则3.澳博app作为证人

 (a) A lawyer shall not act as advocate at a trial in which the lawyer is likely to be a necessary witness except where:
       (1)证言涉及无争议的问题;
       (2) The testimony relates to the nature and value of legal services rendered in the case; or
       (3) Disqualification of the lawyer would work substantial hardship on the client.
   (b) A lawyer may not act as advocate in a trial in which another lawyer in the lawyer’s firm is likely to be called as a witness if the other lawyer would be precluded from acting as advocate in the trial by Rule 1.7或规则1.9. The provisions of this paragraph (b) do not apply if the lawyer who is appearing as an advocate is employed by, 并代表, 政府机构.

评论

   [1] Combining the roles of advocate and witness can prejudice the opposing party and can involve a conflict of interest between the lawyer and client.
   [2] The opposing party has proper objection where the combination of roles may prejudice that party’s rights in the litigation. A witness is required to testify on the basis of personal knowledge, while an advocate is expected to explain and comment on evidence given by others. It may not be clear whether a statement by an advocate-witness should be taken as proof or as an analysis of the proof.
   [3] Subparagraph (a)(1) recognizes that if the testimony will be uncontested, 双重角色的模糊性纯粹是理论上的. Subparagraph (a)(2) recognizes that where the testimony concerns the extent and value of legal services rendered in the action in which the testimony is offered, permitting the lawyers to testify avoids the need for a second trial with new counsel to resolve that issue. 此外, in such a situation the judge has firsthand knowledge of the matter in issue; hence, there is less dependence on the adversary process to test the credibility of the testimony.
   [4]除了这两个例外, subparagraph (a)(3) recognizes that a balancing is required between the interests of the client and those of the opposing party. Whether the opposing party is likely to suffer prejudice depends on the nature of the case, 澳博app证词的重要性和可能的要旨, and the probability that the lawyer’s testimony will conflict with that of other witnesses. 即使存在这种偏见的风险, 在决定澳博app是否应被取消资格时, due regard must be given to the effect of disqualification on the lawyer’s client. It is relevant that one or both parties could reasonably foresee that the lawyer would probably be a witness.
   [5] If the only reason for not permitting a lawyer to combine the roles of advocate and witness is possible prejudice to the opposing party, there is no reason to disqualify other lawyers in the testifying lawyer’s firm from acting as advocates in that trial. In short, there is no general rule of imputed disqualification applicable to 规则3.7. 然而, the combination of roles of advocate and witness may involve an improper conflict of interest between the lawyer and the client in addition to or apart from possible prejudice to the opposing party. 是否存在这样的客户端冲突由规则1确定.7 or 1.9. 例如, if there is likely to be a significant conflict between the testimony of the client and that of the lawyer, 按照规则1的标准，该陈述是不恰当的.(b)不考虑规则3.7(a). The problem can arise whether the lawyer is called as a witness on behalf of the client or is called by the opposing party. 确定是否存在这样的冲突, 首先, 所涉澳博app的责任. 看到 对规则1的评论.7. 规则3.7(b) states that other lawyers in the testifying lawyer’s firm are disqualified only when there is such a client conflict and the testifying lawyer therefore could not represent the client under Rule 1.7 or 1.9. 委托人同意原则，体现在规则1中.7和1.9、也适用于(b)段. 因此，参考规则1.7和1.9包含了这些规则的客户同意方面. 第(b)款旨在为客户提供保护, 而不是取消对手资格的权利. 根据规则1的披露及谘询要求.7和1.9, 客户可以同意事务所继续代理, despite the potential problems created by the nature of the testimony to be provided by a lawyer in the firm.
   [6] Even though a lawyer’s testimony does not involve a conflict with the client’s interests under Rule 1.7 or 1.根据规则3，将不予以排除.7, the client’s interests might nevertheless be harmed by the appearance as a witness of a lawyer in the firm that represents the client. 例如, the lawyer’s testimony would be vulnerable to impeachment on the grounds that the lawyer-witness is testifying to support the position of the lawyer’s own firm. 类似的, a lawyer whose firm colleague is testifying in the case should recognize the possibility that the lawyer might not scrutinize the testimony of the colleague carefully enough and that this could prejudice the client’s interests, 同事是支持还是反对客户. 在这种情况下, the lawyer should inform the client of any possible adverse effects on the client’s interests that might result from the lawyer’s relationship with the colleague-witness, so that the client may make a meaningful choice whether to retain the lawyer for the representation in question.