Lawyer's Employee as Witness
Adopted: October 20, 1995
Opinion rules that a lawyer may represent a defendant in an action to abate the nuisance of a fence even though his paralegal may be called as a witness.
Editor's Note: This opinion was originally published as RPC 213 (Revised).
Inquiry:
May a lawyer who is representing a defendant in an action to abate the nuisance of a fence have his real estate paralegal sign an affidavit, prepare exhibits, and testify in opposition to the plaintiff's motion for preliminary injunction?
Opinion:
Yes. RPC 19 holds that a lawyer may represent a client even though an employee may be called as a witness on behalf of a client.