Multistate Professional Responsibility Exam Practice Question
Attorney X is representing a property owner in a dispute over a driveway. The attorney is preparing to testify during the trial about contested facts. The attorney also intends to continue as the client’s advocate at every stage. Under widely accepted professional standards, may Attorney X serve in both roles?
No, attorneys are prohibited from providing testimony in a matter involving their client, even if it is an uncontested issue.
No, unless the testimony meets a recognized exception or disqualification severely harms the client.
Yes, if the attorney’s testimony addresses a factual issue that improves the client’s chance of success.
Yes, if the client consents and the attorney discloses the dual role to the court.
An attorney typically refrains from acting as both advocate and witness if the testimony addresses a key matter of fact that is contested. The rules often include recognized exceptions for uncontested issues, nature and value of services, or when withdrawal causes substantial hardship for the client. If testimony is essential to a disputed element, it jeopardizes the lawyer’s objectivity and may confuse the finder of fact. Other suggested strategies, such as disclosing the dual role to the court or simply focusing on the client’s success, do not override these concerns. An outright ban on testifying in every circumstance is also inaccurate because some circumstances permit a lawyer’s testimony.
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What are the recognized exceptions that allow an attorney to testify while still being an advocate?
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