Attorneys occasionally find themselves in the proverbial “hot seat”—requested or compelled to give testimony on the stand. For various reasons, clients may want their attorneys to testify in support of their case or position. In other instances, litigation adversaries may attempt to call their opposing counsel to gain a strategic advantage. Attorneys may also be called as fact witnesses to the events at issue. It is not uncommon for attorneys to receive subpoenas for testimony in deposition, court or administrative proceeding.
While some attorneys, and litigators in particular, may be comfortable with the idea of testifying, attorney testimony is risky business. On top of the risks inherent for all witnesses, including impeachment and perjury, attorneys face unique hazards. Because of those risks, every attorney receiving a request or subpoena for testimony is tasked with carefully considering all attendant risks and taking appropriate steps to mitigate them.
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