§ Rule 4-3.7 Lawyer as Witness

Codes > Florida Statutes > Rules Regulating > Chapter 4 : 4-3 Advocate > Rule 4-3.7

Rule 4-3.7. Lawyer as Witness

    (a) When Lawyer May Testify. A lawyer shall not act as advocate at a trial in which the lawyer is likely to be a necessary witness on behalf of the client unless:

        (1) the testimony relates to an uncontested issue;

        (2) the testimony will relate solely to a matter of formality and there is no reason to believe that substantial evidence will be offered in opposition to the testimony;

        (3) the testimony relates to the nature and value of legal services rendered in the case; or

        (4) disqualification of the lawyer would work substantial hardship on the client.

    (b) Other Members of Law Firm as Witnesses. A lawyer may act as advocate in a trial in which another lawyer in the lawyer's firm is likely to be called as a witness unless precluded from doing so by rule 4-1.7 or 4-1.9.