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Social Studies, 17.08.2019 22:20, bre2795
An attorney at a law firm was hired to represent a client involved in a car accident. after reading the police report, the attorney realized that a partner in his law firm was a witness to the accident. the attorney interviewed the partner and concluded that the partner's version of the accident significantly undermined his client's position. consequently, although the attorney did not plan to call the partner to testify, the attorney anticipated that the opposing party was likely to do so. had the partner rather than the attorney been asked by the client to represent her, the partner would have been required by the conflict rules to decline. is the attorney subject to disqualification from representing the client?
(a) yes, because the partner could not have represented the client.
(b) yes, because an attorney must withdraw if he or another attorney at his firm may be a witness at a trial in which the attorney acts as an advocate.
(c) no, because the attorney did not plan to call the partner as a witness.
(d) no, because an attorney may serve as an advocate in a trial in which another attorney in his firm is likely to testify.
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