1990 Illinois Rules of Professional Conduct

RULE 3.7   Lawyer as Witness  [revisions to 1990 Rule are indicated as follows: text deleted from the 1990 Rule is shown by strikethrough; additions to the 1990 Rule are shown in red]

(a)    A lawyer shall not accept or continue employment in contemplated or pending litigation if the lawyer knows or reasonably should know that act as advocate at a trial in which the lawyer may is likely to be called as a necessary witness on behalf of the client, except that the lawyer may undertake the employment and may testify unless:

(1)   if the testimony will relates to an uncontested matter issue;

(2)   if the testimony will relate to a matter of formality and the lawyer reasonably believes that no substantial evidence will be offered in opposition to the testimony;

(3) (2)  if the testimony will relates to the nature and value of legal services rendered in the case by the lawyer or the firm to the client; or

(4) (3)  as to any other matter, if refusal to accept or continue the employment disqualification of the lawyer would work a substantial hardship on the client.

(b)    If a lawyer knows or reasonably should know that the lawyer may be called as a witness other than on behalf of the client, the lawyer may accept or continue the representation until the lawyer knows or reasonably should know that the lawyer's testimony is or may be prejudicial to the client.

(c)  (b)  Except as prohibited by Rule 1.7 or Rule 1.9, aA lawyer may act as advocate in a trial in which another lawyer in the lawyer's firm may is likely to be called as a witness unless precluded from doing so by Rule 1.7 or Rule 1.9.

Adopted February 8, 1990, effective August 1, 1990.