Legal Definitions - advocate-witness rule

The advocate-witness rule, also known as the lawyer-witness rule, is a principle that states that an attorney who is likely to be called as a fact witness in a trial cannot participate as an advocate in the case. However, there are exceptions to this rule.

For instance, if the testimony will be about an uncontested matter or the amount of attorney's fees in the case, the attorney can participate as an advocate. Additionally, if disqualifying the attorney would create a substantial hardship for the client, the attorney can still participate as an advocate.

The rule allows an attorney who is actively participating in the case to be a witness on formal matters. However, it discourages testimony on other matters on behalf of a client.

For example, if an attorney is representing a client in a personal injury case and is also a witness to the accident, the attorney cannot participate as an advocate in the case. However, if the attorney's testimony is about the amount of attorney's fees, they can still participate as an advocate.

The advocate-witness rule is designed to ensure that the attorney's role as an advocate does not conflict with their role as a witness, which could compromise the fairness of the trial.