Credit: TippaPatt/Adobe Stock Judge Permits Attorney's Dual Role as Witness, Advocate: 'It Has Been Clear for Years' That Lawyer Would Have to Testify
"Defendants emphasize that Mr. Kaufman is not himself named as a plaintiff, but they do not explain the significance of this distinction. … Mr. Kaufman is the sole member of the LLC that bears his name, and his testimony will relate only to his legal practice," Judge Victor A. Bolden wrote in the opinion.
November 03, 2022 at 10:43 AM
6 minute read
A federal judge rejected the defendants' motion to disqualify an attorney from serving as both trial counsel and a witness, finding that disqualification would cause the lawyer "substantial hardship" in a lengthy battle over a client's nonpayment.
Kaufman LLC, a Connecticut limited liability company, asserted a breach of contract and related claims against Herbert Feinberg—now represented by an estate—Catahama, Fresh Harvest River, and Gotham Enterprises and Affiliate.
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