11.307    Practitioner as witness.

    • (a) A practitioner shall not act as advocate at a proceeding before a tribunal in which the practitioner is likely to be a necessary witness unless:
      • (1) The testimony relates to an uncontested issue;
      • (2) The testimony relates to the nature and value of legal services rendered in the case; or
      • (3) Disqualification of the practitioner would work substantial hardship on the client.
    • (b) A practitioner may act as advocate in a proceeding before a tribunal in which another practitioner in the practitioner's firm is likely to be called as a witness unless precluded from doing so by §§ 11.107  or 11.109.

[Added 78 FR 20180, Apr. 3, 2013, effective May 3, 2013]