Rules of Professional Conduct Related Ethical Opinions

3.7  Lawyer as Witness


03-01: Lawyer as Witness; Candor Toward Tribunals

The Arizona Rules of Professional Conduct ("Rules of Professional Conduct" or "ER") do not prohibit a lawyer from verifying a pleading on behalf of a client so long as the lawyer otherwise complies with the Rules of Professional Conduct in doing so. This opinion does not address whether other substantive or procedural law would permit a lawyer to verify a pleading in any particular proceeding. Should the lawyer become a "necessary witness" in a proceeding, the lawyer may be subject to a motion for disqualification.

00-09: Conflicts of Interest; Prosecutors

This Opinion discusses the case-by-case analysis that is necessary to determine whether there is a conflict of interest when a prosecutor also works as a police officer. [ERs 1.7, 3.7]

87-10: Conflicts; Lawyer as Witness

A lawyer must, ordinarily, seek to withdraw if subpoenaed to testify about a prior conviction of DWI when lawyer is defending client, charged with DWI, who has a prior conviction.