female lawyer who stands 3 ft 8 in sues witness daily mail

Can a lawyer be an advocate witness at a tribunal?

3ft 8in lawyer sues witness who laughed at her and sang 'Hi Ho'. dailymail.co.uk/news/a... Terrible article, though. Every other sentence was basically "she may be small in height, but she's big in the legal field." 'What's big for me is not the physical measurements of the …

Who was the lawyer who sued Trump over mail in voting?

Apr 08, 2022 · A North Carolina woman is suing the cop who broke her arm after he attempted to arrest her for failing to show her license. Cindy Gardner, 51, of Mooresville, is suing Sergeant Russell Clark after ...

Can a lawyer be called as a witness in court?

Similarly, a lawyer who might be permitted to simultaneously serve as an advocate and a witness by paragraph (a)(3) might be precluded from doing so by Rule 1.9. The problem can arise whether the lawyer is called as a witness on behalf of the client or is called by the opposing party.

Is the advocate-witness rule still relevant?

Apr 07, 2022 · Rapper T.I storms the stage to heckle female comedian after she taunted him over claims he drugs and rapes women with his wife. T.I. had performed at Our Bar ATL in Atlanta on Monday night when ...

Why do lawyers file motions to disqualify under the advocate-witness rule?

Lawyers love to file motions to disqualify under the advocate-witness rule because conflicts are based on vague elastic terms such as “likely” and “significant” and “prejudice,” and because the advocate-witness rules does not include any provision enabling a disqualified lawyer to cure an advocate-witness conflict by obtaining a client’s informed consent. As the four cases in this article illustrate, courts sometimes ward off motions to disqualify on advocate-witness grounds as “premature,” but courts also grant these motions with reasonable frequency. Given that New York Rule 3.7 differs significantly both from former DR 5-102 and from the ABA Model Rule, the proper interpretation of Rule 3.7 will likely take years to evolve. We can expect many more motions and many more decisions under Rule 3.7 as lawyers and courts hammer out the meaning of New York’s unique version of the advocate-witness rule.

What is advocate witness rule?

Unlike other conflict of interest rules, client con-sent cannot cure a disqualification that arises when a lawyer who will be a witness also wants to serve as an advocate before the tribunal. The advocate-witness rule is also one of the most confusing rules — both lawyers ...

When is disqualification appropriate?

Disqualification is appropriate only if proven by clear and convincing evidence that (1) the witness will provide testimony prejudicial to the client and (2) the integrity of the judicial system will suffer as a result. The landlord in Uribe did not meet this burden.

Can a lawyer be an advocate?

Let’s start by setting out the rule itself in full: (a) A lawyer shall not act as advocate before a tribunal in a matter in which the lawyer is likely to be a witness on a significant issue of fact unless: (2) the testimony relates solely to the nature and value of legal services rendered in the matter;

What was the Uribe v. Washington Avenue case?

v. 1840 Washington Avenue Corp., 26 Misc.3d 1235 (a), 2010 WL 918432 (Bronx County Sup. Ct. 2010) (Dominic R. Massaro, J.), a commercial tenant (Uribe) sued a landlord (1840 Washington Avenue) for breach of contract and other alleged wrongs. Apparently, the landlord had failed to obtain a certificate of occupancy, so Uribe didn’t pay rent. The landlord had sued (in another case) for nonpayment of rent and for eviction, and Uribe brought this suit to settle the score. By order to show cause, the landlord sought to disqualify both Uribe’s attorney (Bernard Weintraub) and the law firm at which Weintraub was “of counsel.” The basis for the motion was that Weintraub, representing Uribe, had prepared and witnessed the original lease, and a later lease amendment now at issue.

What was the case of Decker v. Nagel Rice LLC?

In Decker v. Nagel Rice LLC, 2010 WL 1050355 (S.D.N.Y., March 22, 2010; Shira A. Scheindlin, J.), a legal malpractice case, the court was faced with a new twist. Rather than filing a run-of-the-mill motion to disqualify, defendants raised the advocate-witness rule as an objection to plaintiffs’ motion seeking pro hac vice admission for a lawyer named James Lowy. The facts of this long-simmering litigation are complex. In brief, a November 2000 ski train fire in Austria killed 155 people.

What was the cause of the Wells Fargo v. Interpharm case?

Wells Fargo, N.A., 2010 WL 1141201 (S.D.N.Y., March 25, 2010) (Henry Pitman, Magistrate Judge), arose after the 2008 collapse of a pharmaceutical company called Interpharm (the plaintiff here) that manufactured generic drugs. Interpharm alleged that its principal secured creditor, Wells Fargo, was responsible for its collapse because Wells Fargo, in violation of its lending agreements, “progressively imposed more draconian conditions on Interpharm as a condition to forbearing from foreclosing on its collateral.” Interpharm claimed that these forebearance conditions “became so restrictive that they prevented Interpharm from doing business and left it with no alternative to going out of business.”