Lawyer as Witness · MR 3.7
Professional Responsibility · Lesson 10
Lawyer as Witness · MR 3.7
這一課問的是：律師可否於自身為證人之審判中擔任辯護？
ActorActObjectStandardConsequence
Issue · what this lesson is really about
May the lawyer act as advocate in a trial where the lawyer is also a witness?
這一課問的是：律師可否於自身為證人之審判中擔任辯護？
Trigger words & phrases that should flag this issue:
lawyer as witnesstestifynecessary witness
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
MR 3.7
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Lawyer as witness rule.
MR 3.7。
necessary witness
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Testimony is necessary to the case.
必要證人。
uncontested issue
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Exception: testimony on uncontested issue.
非爭議議題。
nature/value of services
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Exception: testimony on legal services.
服務性質/價值。
substantial hardship
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Exception: substantial hardship on client.
重大困難。
imputation
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MR 3.7(b): other lawyers in firm not generally barred.
歸屬。
Rule Sentence · the workhorse
Under MR 3.7, a lawyer shall not act as advocate at a trial in which the lawyer is likely to be a necessary witness, except where the testimony relates to an uncontested issue, the nature or value of legal services, or disqualification would impose substantial hardship on the client.
Sentence Anatomy · 5 roles, 5 colors
Every rule sentence breaks into five visual roles.
Actor 行為人lawyer律師
Act 行為acting as advocate when also witness於同時為證人時辯護
Object 對象trial審判
Standard 法律標準MR 3.7 + exceptionsMR 3.7 + 例外
Consequence 後果permissible or barred可允許或阻卻
Casebook Snapshot · a real American case
Various federal cases applying MR 3.7
Holding. The advocate-witness rule prevents conflicts in roles — appearing as both lawyer and witness creates jury confusion and undermines integrity; exceptions tightly limited.
Why it matters. Rule prevents role confusion and protects jury from conflating witness testimony with advocacy.
規則防止角色混淆並保護陪審員。
Common Mistakes · what trips students
✗ any potential testimony bars。
✓ Must be necessary witness.
須為必要證人。
Mini IRAC · build the Application
Issue. May lawyer L represent C at trial when L witnessed the underlying transaction and will likely be called to testify about it?
Rule. Under MR 3.7, a lawyer may not act as advocate at a trial where the lawyer is likely to be a necessary witness, subject to limited exceptions.
Application (model). L witnessed the underlying transaction at issue and is likely to be a necessary witness for C's case. Because MR 3.7 bars a lawyer from acting as advocate at a trial where the lawyer is likely to be a necessary witness, the fact that L's testimony is necessary to establish key facts means L cannot serve as both witness and advocate.
Pick the right element for each blank:
g1.
g2.
Conclusion. Therefore, L is disqualified from representing C at trial; another lawyer in L's firm may generally take over.
MBE Check · multiple choice
Lawyer L will testify in C's case about the value of L's own legal services rendered. Disqualified from advocacy?
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: