A lawyer represented a client in a case involving a contract dispute. The lawyer was successful in showing a breach of contract by the defendant and asserted a claim for attorneys' fees under the contract. The defendant did not dispute that the plaintiff was entitled to attorneys' fees, but argued that the lawyer overcharged his client since the work performed was not worth the amount charged. At the hearing on the motion for attorneys' fees, the defendant's attorney called the plaintiff's lawyer as a witness. Can the lawyer testify in a case in which he is representing a party?

Question

Quizplus · Accepted Answer

Yes, because the testimony will be limited to the work performed and value of the work performed. "A lawyer shall not act as an advocate at a trial in which the lawyer is likely to be a necessary witness unless . . . the testimony relates to the nature and value of the legal service rendered in the case." Model Rule 3.7. Answer A is the best choice because it states an exception that allows the attorney to testify regarding the attorneys' fees. Answer B is not the best choice because an attorney testifying in the same case in which he or she represents a client is not a conflict of interest. Answer C is not the best choice because an exception to the rule covers the situation in this factual scenario. Answer D is not the best choice because an exception allows the attorney to testify.

A Lawyer Represented a Client in a Case Involving a Contract