(a) A lawyer shall not act as advocate at a trial in which the lawyer is likely to be a necessary witness except where:

(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 lawyer would work substantial hardship on the client.

(b) A lawyer may act as advocate in a trial in which another lawyer in the lawyer's firm is likely to be called as a witness unless precluded from doing so by RPC 1.7 or RPC 1.9.

Comment to RPC 3.7

As recommended by the Debevoise Committee, the Court has adopted ABA Model Rule 3.7, which deals with an attorney combining the roles of advocate and witness or potential witness. As noted by the Debevoise Committee, "[t]he goal of this Rule is to ensure that any such combination of roles by the attorney does not either prejudice the interest of the client or give rise to a conflict of interest between attorney and client."

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