The San Antonio Court of Appeals recently reaffirmed that "[t]he fact that a lawyer serves as both an advocate and a witness does not, standing alone, compel disqualification." Here, the court also restated the well-settled rule that disqualification of counsel is subject to mandamus. The court reiterated that Rule 3.08 only requires disqualification if the
rule 3.08
Attorney as witness does not compel disqualification
By Byron Henry on
Posted in Opinions & Judgments
The San Antonio Court of Appeals reaffirmed that the fact that an attorney for one of the parties may also be a witness does not require disqualification under Rule 3.08 of the Disciplinary Rules of Professional Conduct. In this case, counsel for the relator was a potential witness with knowledge of some arguably relevant facts. The…
