An attorney had been practicing in criminal defense for eight years and had handled many difficult and complex trials. One week ago, the attorney was on his way to work when he witnessed a taxicab hit a bicyclist. The attorney stopped to see if he could render assistance and recognized the bicyclist as his stockbroker. Today, the stockbroker contacted the attorney, and the broker hired the attorney to represent him in a personal injury claim. Under the Model Rules, what rule prevents the attorney from representing the broker?

Question

Quizplus · Accepted Answer

The rule on lawyers as witnesses. "A lawyer shall not act as an advocate at a trial in which the lawyer is likely to be a necessary witness unless (1) the testimony relates to an uncontested issue; (2) the testimony relates to the nature and value of the legal service rendered in the case; or (3) disqualification . . . would work substantial hardship on the client." Model Rule 3.7. Answer C is the best choice because the attorney witnessed the taxicab hit the bicyclist/stock broker and will likely be called as a witness at trial. Answer A is not the best choice because the question asks what rule prevents the attorney from taking the case and it is not known for certain that the attorney cannot competently handle the case, whereas Answer C clearly prevents the attorney from taking the case. Answer B is not the best choice because the attorney's first-hand knowledge of the case is a factual basis for the suit.

An Attorney Had Been Practicing in Criminal Defense for Eight