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Under the facts presented, an attorney who holds stock in a corporation, is president of that corporation and negotiates and executes leases with third parties in his corporate capacity, is precluded from representing the corporation in a suit involving one of the leases where it is likely that the attorney or a member of his firm will be called as a witness. Other attorneys in the lawyer's firm are also precluded from representation of the client in the matter. However, the attorney or his firm may represent the corporation where it is likely that he or a member of his firm may be a witness in the trial if the testimony involves an uncontested matter, relates to a mere formality where no substantial evidence will be offered to contradict the testimony, or because of the distinctive value of his services, his disqualification would work a substantial hardship on the client, pursuant to DR 5-101 (B) and DR 5-102 (A).
This page was last modified on Tuesday, April 3, 2012