Rule 20 Rules of Professional Conduct for Legal Practitioners
Rule 20 of the Rules of Professional Conduct for Legal Practitioners (RPC) 2023 is about Lawyer as witness for client. It is under Part II (Relation with Clients) of Chapter 1 (Conduct) of the Rules. It provides as follows:
(1) Subject to paragraph (2) of this rule, a lawyer shall not accept to act in any contemplated or pending litigation where he knows or ought reasonably to know that he or a lawyer in his firm may be called or ought to be called as a witness.
(2) A lawyer may undertake an employment on behalf of a client and he or a lawyer in his firm may testify for the client—
(a) where the testimony will relate solely to an unconnected matter ;
(b) where the testimony will relate solely to a matter of formality and there is no reason to believe that substantial evidence will be offered in opposition to the testimony ;
(c) where the testimony will relate solely to the nature and value of legal services rendered in the case by the lawyer or his firm to the client ; or
(d) as to any matter, if refusal would work a substantial hardship on the client because of the distinctive value of the lawyer or his firm as lawyer in the case.
(3) Where a lawyer knows, prior to trial that he would be a necessary witness except as to merely formal matters, neither he nor his firm may conduct the trial.
(4) Where after undertaking employment in contemplated or pending litigation, a lawyer learns or it is obvious that he or a lawyer in his firm —
(a) ought to be called as witness on behalf of his client, he shall withdraw from the conduct of the trial and his firm, if any, shall not continue representation in the trial, but he or a lawyer in his firm may testify in the
circumstances enumerated in paragraph (2) of this rule ; and
(b) may be called as a witness other than on behalf of his client, he may continue the representation until it is apparent that his testimony is or may be prejudicial to the client.
(5) Where during the trial, the lawyer discovers that the ends of justice require his testimony, he shall from that point, if feasible and not prejudicial to the client’s case, leave further conduct of the trial to other counsel, but if circumstances do not permit this, the lawyer shall not argue the credibility of his own testimony.
