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May 22, 2013

Lawyers-Witnesses Can Handle Pretrial matters

On September 17, the U.S. District Court for the Eastern District of Missouri entered an order clarifying that, even if a lawyer may be a witness at trial, this -- and Missouri Supreme Court Rule 4-3.7 -- ordinarily will not prevent the lawyer from handling pretrial matters.

The succinct case is Cross v. MHM Correctional Services, Inc., Case No. No. 4:11CV1544 FRB, 2012 WL 4092417 (E.D.Mo. Sept. 17, 2012).

I have previously written a column for Litigation magazine. That column is available here: http://bit.ly/Rz3bwO

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About the Author

Partner

An accomplished litigator, Michael Downey advises law and accounting firms on legal, ethics and risk management issues and defends those firms in a wide range of matters. Issues handled include partner departures and expulsions, client terminations, fee and fee-sharing disputes, conflicts of interest and waivers, privilege and confidentiality issue, and client solicitations and advertising.

Mike has served as an expert witness and consultant on legal ethics issues; as a hearing officer in Missouri lawyer discipline proceedings and as lead counsel on civil litigation and...

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