can a lawyer who is a witness in a case represent another party

Witnesses don't "belong" to a party. Not only is it perfectly proper for the lawyer (or his or her investigator) to talk to witnesses the opposing party intends to call, it's usually something a lawyer has to do in order to competently represent the client. This is NOT legal advice.

Full Answer

Can a lawyer represent a witness who is not part of litigation?

There has been recent case law in New York that looked at the function of a lawyer who represents a witness who is not part of the litigation.

Do witnesses belong to a party or a party?

Witnesses don't "belong" to a party. Not only is it perfectly proper for the lawyer (or his or her investigator) to talk to witnesses the opposing party intends to call, it's usually something a lawyer has to do in order to competently represent the client. This is NOT legal advice.

Can a lawyer communicate with the represented party about other matters?

The Rule applies not only to parties to pending litigation and administrative proceedings, but also to represented parties to any pending transaction or negotiation. 3 Question No. 4: May the lawyer communicate with the represented party about other matters? Answer: Yes.

Can a witness speak to an attorney before a trial?

Where in otherwise, a witness would never be allowed to speak to an attorney before a trial and the lawyers would have no idea what was going to happen until trial. That only happens on TV.

Can a lawyer represent two opposing clients?

The California Rules generally permit a lawyer to represent multiple clients with conflicting interests so long as all the clients have provided their informed written consent.

What is it called when the attorney for the other side of the case asks you questions?

interrogatories - Written questions asked to one party by an opposing party, who must answer them in writing under oath. Interrogatories are a part of discovery in a lawsuit.

Can a witness be called by both sides?

You can contact witnesses the other side identifies, and the other side is allowed to talk to your witnesses. However, you cannot threaten witnesses, intimidate them, or suggest answers.

What is the rule about simultaneously representing two clients whose interests are adverse?

(a) A lawyer shall not, without informed written consent* from each client and compliance with paragraph (d), represent a client if the representation is directly adverse to another client in the same or a separate matter.

How do you prove a witness is biased?

A witness may be biased by having a friendly feeling toward a person or by favoring a certain position based upon a familial or employment relationship. E.g., State v. Santiago, 224 Conn. 325, 332, 618 A.

What is the opposing lawyer called?

An opposing counsel is a lawyer or attorney representing an opposing party in a lawsuit. In a legal dispute, you'll typically have the plaintiff represented by an attorney along with the defendant also legally represented. The plaintiff's attorney is the opposing counsel to the defendant's attorney and vice-versa.

Can you call the opposing party as a witness?

A lawyer is not prohibited from calling another party's attorney or another member of the party's attorney's firm as a witness, either in discovery or at trial, where such attorney may have unprivileged knowledge relevant to the case or unprivileged knowledge reasonably calculated to lead to the discovery of admissible ...

What is a secondary witness?

A secondary witness is a witness which often must be utilized by the Prosecutor to tie certain pieces of important evidence together.

Can a lawyer cross-examine his own witness?

a party may not cross-examine his own witness. However, the advantage of having a witness declared hostile is that the party calling him may thereafter cross-examine the hostile witness. See S v Dolo 1975 (1) SA 641 (T). challenge evidence”.

What is the 1.7 rule?

[1] Rule 1.7 is intended to provide clear notice of circumstances that may constitute a conflict of interest. Rule 1.7(a) sets out the limited circumstances in which representation of conflicting interests is absolutely prohibited even with the informed consent of all involved clients.

What kind of conflicts of interests are not allowed even if both relevant clients consent?

Conflicts that are not consentable, therefore, are (1) conflicts in which the lawyer cannot reasonably believe he can provide competent and diligent representation to each affected client, (2) conflicts in which the representation is prohibited by law, and (3) conflicts in which the representation involves assertion of ...

What qualifies as a conflict of interest?

What is a Conflict of Interest? A conflict of interest occurs when an individual's personal interests – family, friendships, financial, or social factors – could compromise his or her judgment, decisions, or actions in the workplace. Government agencies take conflicts of interest so seriously that they are regulated.

Who will represent a nonparty witness in a pretrial?

In many cases when a nonparty witness is being asked to give pretrial testimony, he will often hire an attorney to represent him at this question and answer session.

What is a nonparty witness?

Here's what I mean. A nonparty witness is someone who is not part of the litigation process. He is not someone who has brought the lawsuit nor is he someone who is being sued. Instead this may be a person who witnessed something and has key information about one side or the other.

What is a nonparty witness deposition?

A nonparty witness deposition is an opportunity for both sides to be able to question this witness in a formal setting in an attorney's office and be able to preserve this witness's testimony for trial. A deposition is nothing more than a question and answer session where the witness is giving pretrial testimony under oath.

Can an attorney tell a witness not to answer questions?

He cannot tell the witness not to answer questions. He cannot direct the witness not to answer. He cannot raise objections to the questions. In fact, there is one judicial opinion that basically says an attorney who represents a nonparty witness can only sit there and observe. He cannot interrupt.

What is the rule of not communicating?

The Rule refers to "communicate", not "contact.". The lawyer has the obligation to not participate in the communication initiated by a represented party unless and until the party's attorney consents. 6. Question No. 7: May the lawyer communicate with a represented co-party (as opposed to an adverse party) in a lawsuit without the consent ...

Can a lawyer script a communication?

Answer: No, but if the lawyer scripts the content of the communication (as opposed to conferring about the strategy of the communication), rather than letting the content of the communication originate from the client, it may be held to be a prohibited Rule 182 contact. 5.

Does a lawyer state that a client is disinterested in a lawyer?

SCR 183 (MR 4.3) provides that, "In dealing on behalf of a client with a person who is not represented by counsel, a lawyer shall not state or imply that the lawyer is disinterested.

Is post trial communication allowed?

Answer: This is allowed when permitted by law. "Permitted by law" has been interpreted to mean that post-trial communication with discharged jurors is permitted, except when statute, local court rule, or an order from the judge presiding in the case prohibits it. ENDNOTES.

Can a lawyer communicate with a former employer without their consent?

Answer: The general rule is that they are no longer protected and the lawyer may communicate with them without the consent of their former employer's attorney — as long as they are not in possession of attorney/client privileged information or work product related to the case or matter.

Does a lawyer have to have actual knowledge of representation?

Answer: There is a split of authority on this question. Some authority says that the lawyer must have actual knowledge of the representation, but that actual knowledge may be inferred from the circumstances; 8 some go so far as to say that the lawyer has no duty to inquire and "knows" does not mean "should have known"; 9 others impose a duty to inquire on the lawyer. 10

Does the prohibition apply to all parties?

Answer: No. The prohibition applies to all represented parties, regardless of which "side" they are on in a case. 7

What is the rule for witnesses who do not have a lawyer?

When a lawyer talks with unrepresented third parties, Rule 4.3 requires all of the following: – A lawyer shall not state or imply that the lawyer is disinterested.

What are the three categories of witnesses?

For purposes of this discussion, we will divide witnesses into three general categories. Those are clients, opposing parties, and unrepresented third parties.

What is the rule for representing a client?

Rule 4.2 states “ [i]n representing a client, a lawyer shall not communicate about the subject of the representation with a party the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized by law to do so.”

Can a lawyer represent an organization?

In the case of an organization, this rule prohibits communications by a lawyer for one party concerning the matter in representation with persons having a managerial responsibility on behalf of the organization, and with any other person whose act or omission in connection with that matter may be imputed to the organization for purposes of civil or criminal liability or whose statement may constitute an admission on the part of the organization.

Can a lawyer tell a witness to lie under oath?

A lawyer can never tell a witness to lie under oath. As to all three types of witness, a lawyer may not counsel or assist a witness to testify falsely or offer an inducement to a witness that is prohibited by law.

Can a lawyer ask a witness not to talk to the other side?

With some exceptions, a lawyer ask a witness not to talk to the other side. A lawyer may not request that a witness refrain from voluntarily talking to the opposing party or counsel, unless that witness is: (ii) a relative, employee or agent of a client.

Can an opposing attorney interview witnesses?

Yes, opposing lawyer are permitted to speak to witnesses so long as the witnesses are not parties to the lawsuit who are represented by an attorney. The opposing attorney does not need your consent. In some instances it might even be malpractice to not interview the witnesses. But the witnesses have no obligation to answer the attorneys question, unless they are under oath...

Do witnesses belong to a party?

Witnesses don't "belong" to a party. Not only is it perfectly proper for the lawyer (or his or her investigator) to talk to witnesses the opposing party intends to call, it's usually something a lawyer has to do in order to competently represent the client.

Can an attorney speak with witnesses?

An Attorney can speak with ANYONE involved in a case EXCEPT someone who themselves happens to be represented by another Attorney. In most circumstances an Attorney would be remiss if he did not attempt to interview ALL the witnesses that were scheduled to testify in the matter at hand and the Attorney's having spoken with your witnesses IS NOT a basis to appeal ...

What is the accepted procedure for a lawyer?

The accepted procedure is that both lawyers sit down in private having been first instructed by their client. An initial compromise is worked out between the layers then they return to their clients for further instruction. If the matter is agreed the judge will decide if the suggested solution is acceptable by asking both parties if they understand what they have agreed to? If the parties agree, the Judge can issue an order to confirm the agreement.

How many lawyers can handle a transaction?

In a transaction, one lawyer can handle the entire deal as long as all parties involved understand who the lawyer technically represents.

What happens if a judge believes the compromise is wrong?

However, if the judge believes the compromise is wrong, they can direct that a hearing takes place.

Why did the seller shout at the lawyer?

The seller was screaming at the lawyer because she felt that the lawyer was favouring the buyer.

Is it ethical to represent a client in the same firm?

The rationale is based on maintaining client confidentiality: With lawyers in the same firm, information that one lawyer has could leak to the other lawyer, giving that lawyer’s client an unfair advantage. There is also a duty of loyalty to the client and the need to avoid even the mere appearance of conflict. Hence representation by lawyers in the same firm is generally unethical even if both clients consent to such representation.

Can two parties be represented by the same firm?

However, things can get tricky when different parties who have the same broad community of interest need representation, and it is not uncommon in such cases for them to be jointly represented by the same firm, although often with different individuals taking responsibility. I was once involved in a variation of trust case involving a large family, and all of the minor children and grandchildren had to be separately advised and represented at the variation hearing. To try and save costs (which were still enormous) we clumped the children and grandchildren together in different family groups to try and minimise the number of law firms who had to get hired to get this through.

Can a lawyer act for two clients?

Generally speaking in most countries lawyers within the same firm cannot act for two clients who have diametrically opposing interests (although in some countries there can be an exception to this if both parties consent - in others the rule is inviolable).

When communicating with the accused in a criminal matter, must a government lawyer comply with this rule?

When communicating with the accused in a criminal matter, a government lawyer must comply with this Rule in addition to honoring the constitutional rights of the accused. The fact that a communication does not violate a state or federal constitutional right is insufficient to establish that the communication is permissible under this Rule. ...

Can a lawyer request a court order?

A lawyer may also seek a court order in exceptional circumstances to authorize a communication that would otherwise be prohibited by this Rule, for example, where communication with a person represented by counsel is necessary to avoid reasonably certain injury.

Can a lawyer make a communication prohibited by this rule?

A lawyer may not make a communication prohibited by this Rule through the acts of another. See Rule 8.4 (a). Parties to a matter may communicate directly with each other, and a lawyer is not prohibited from advising a client concerning a communication that the client is legally entitled to make.

Is consent required for a lawyer to communicate with a former constituent?

Consent of the organization’s lawyer is not required for communication with a former constituent. If a constituent of the organization is represented in the matter by his or her own counsel, the consent by that counsel to a communication will be sufficient for purposes of this Rule. Compare Rule 3.4 (f).

Can a lawyer evade the requirement of obtaining the consent of counsel by closing eyes to the obvious?

See Rule 1.0 (f). Thus, the lawyer cannot evade the requirement of obtaining the consent of counsel by closing eyes to the obvious.