From Counsel Table to the Witness Stand: Practical Tips and Ethical Solutions For When the Attorney Becomes a Witness

There are many practical and ethical issues that come into play when an attorney is a percipient witness. This program will cover the ethical issues, such as when an attorney can be deposed, what conflict issues arise when counsel is also a witness, and the best practices for preserving confidentiality and the attorney-client privilege. This program will also cover practical tips for attorneys that are forced to testify, as well as advice for deposing and cross-examining testifying attorneys.

1. Review when attorneys can be called as witnesses 

2. Identify the ethical issues that can arise when an attorney is also a witness

3. Discuss how testifying lawyers can best preserve confidentiality and the attorney-client privilege

4. Analyze what makes lawyers different than other witnesses

5. Determine best practices for examining a testifying lawyer