Legal Question in Real Estate Law in Illinois
Testify
Can a plaintiff's attorney testify for the plaintiff about conversations between the plaintiff's attorney and the defendent in a law suit?
2 Answers from Attorneys
Re: Testify
As long as the plaintiff's attorney is not trying the case, yes. In short, if you want the attorney to testify, you need to hire another attorney to try the case.
Re: Testify
It is not always necessary to get a new attorney. For example, if the plaintiff's attorney is testifying for the purpose of a procedural question such as whether the defendant was properly served, the attorney is not barred from trying the case. Nonetheless there is a strong preference against attorneys testifying on their clients' behalf, first because of the possible bias that may occur and second because even if the attorney is not biased, the jury will think he is.