Friday, October 28, 2016

Disqualification of an attorney as an advocate-witness.

Practice point:  The Appellate Division affirmed the disqualification where the attorney was likely to be called as a witness on significant issues of fact regarding his conduct with respect to the money that he is holding in escrow.

Student note:  Pursuant to 22 NYCRR 1200.0) rule 3.7, an attorney shall not act as an advocate before a tribunal in a matter in which the lawyer is likely to be a witness on a significant issue of fact. The rule is intended to provide guidance, but is not binding authority, in deciding a motion to disqualify.

Case:  Bajohr v. Berg, NY Slip Op 06797 (2d Dep't October 19, 2016)

Here is the decision.

Monday's issue: A defective roadway condition.