DR 5-102 Withdrawal as Counsel When the Lawyer Becomes a Witness.
- If, after undertaking employment in contemplated or pending litigation, a lawyer learns
or it is obvious that he or a lawyer in his firm ought to be called as a 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, except that he may continue the representation
and he or a lawyer in his firm may testify in the circumstances enumerated in DR 5-101(B)(1) through (4).
- If, after undertaking employment in contemplated or pending litigation, a lawyer learns
or it is obvious that he or a lawyer in his firm 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 his client.