061220 OHEO, ETH 2020-05

Case DateJune 12, 2020
CourtOhio
ETH 2020-05
Opinion 2020-05
Withdraws Adv. Op. 2003-5
Ohio Ethics Opinion
Board of Professional Conduct
June 12, 2020
          D.Allan Asbury, Senior Counsel           Kristi R. McAnaul, Counsel           Richard A. Dove, Director           Patricia A. Wise, Vice- Chair          Law Director Acting as an Advocate in a Trial in Which Another Lawyer in the Same Office is a Witness          SYLLABUS: A law director or assistant law director may act as an advocate in a trial in which another lawyer in the office will testify as a witness only when the testimony is permitted by common law, if the disqualification of the advocate would work a substantial hardship on the city, or when the testimony relates to an uncontested issue or the nature and value of legal services.          QUESTION PRESENTED: May a law director or an assistant law director act as an advocate in a trial in which another lawyer in the law director’s office will testify as a witness on behalf of the city?          APPLICABLE RULES: Prof.Cond.R. 3.7          OPINION           Hon. John W. Wise, Chair.          Whether a government lawyer may act as an advocate in a trial in which another government lawyer will testify as a witness is a fact-specific determination. The Ohio Rules of Professional Conduct recognize there is a difference between relationships among salaried lawyers in a government agency and relationships among partners and associates of a law firm. Prof.Cond.R. 3.7. cmt. [8]. Thus, a government lawyer is permitted to testify or offer the testimony of another lawyer in the same government agency when the testimony relates to an uncontested issue, relates to the nature and value of legal services rendered in the case, if the disqualification of the lawyer would work a substantial hardship on the client, or if the testimony is permitted by common law. Prof.Cond.R. 3.7(a),(c). cmt. [8].          The first two instances in which a government lawyer may testify as a witness or call another government lawyer to testify as a witness in a case do not require extensive...

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