Legal Question in Legal Ethics in Texas

Can a witness be the attorney?

I am in a civil suit where the plantif's lawyer is also his girlfried (live-in). She officed with he and I, and is a witness to several of the material facts of the case (of which the plantiff and I disagree about). I have been told that if she is a witness to the facts, or the only witness to certain facts, that she can not be the attorney. If this is right, then what do I do? I am trying to stop a deposistion of my wife, and our Motion for Protective Order was denied ( I couldnt fight it on our court date as I do not have a Civil Attorney, I filed the motion Pro Se). Any help id greatly appreciated.


Asked on 9/13/03, 4:06 pm

1 Answer from Attorneys

Eric Williams Law Office of Eric L. Williams

Re: Can a witness be the attorney?

First, you very much need to hire an attorney in your area to represent you. The other lawyer may be disqualified from representing the other party - but if that issue isn't raised properly and timely, it will be considered waived - which you may have already done.

Please consult with a lawyer located near you immediately.

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Answered on 9/13/03, 8:34 pm


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