Attorneys: Rules of Professional Conduct
Taylor v. State Comp. Ins. Fund [11/30/94] 1994 MTWCC 106 Under Montana Rule of Professional Conduct 3.7, a lawyer shall not act as advocate at a trial in which he is likely to be a necessary witness unless the testimony relates to an uncontested issue, the testimony relates to the nature and value of legal services rendered in the case, or disqualification would work substantial hardship on the client. However, a lawyer may ordinarily act as an advocate in a trial in which another lawyer in the lawyer’s firm is likely to testify. Here, where claimant’s counsel obtained an affidavit from a crucial witness, and that witness has recanted the contents of the affidavit and accused counsel of bullying her into its signature, claimant’s counsel is disqualified from acting as claimant’s attorney at trial, though he may represent him pretrial, and may sit at counsel table at trial and give advice to counsel conducting the proceeding.