Attorneys as Witnesses Face Host of Hazards

The Recorder
September 3, 2014

Increasingly, parties to litigation are seeking testimony from attorneys. Sometimes, clients want their attorneys to testify to buttress their case or support their position. Other times, litigation adversaries attempt to call their opposing counsel as part of a larger litigation strategy. Attorneys may also be called as fact witnesses to the events at issue. In short, attorneys sometimes receive subpoenas and may even be required to testify at a deposition or in a judicial proceeding.

Although many attorneys may be comfortable with the idea of testifying, attorney testimony can be high-stakes poker. In addition to the risks inherent for all witnesses, like perjury or impeachment, attorneys face a number of other unique hazards.

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