In a divorce action, trial court did not abuse its discretion in disqualifying husband’s attorney, based on advocate-witness rule in Rules of Professional Conduct; the record established that husband’s attorney was likely to be a witness on a significant issue of fact, that of whether husband violated court’s order appointing a receiver and, in so doing, diverted or otherwise obscured his income, and when court questioned the attorney on the record about husband’s testimony that he requested or facilitated the transfer of an amount of wages ranging from $15,000 to $17,000 from his employer to his attorney’s business account, the attorney replied that he was “taking the Fifth,” and the attorney was subpoenaed to turn over documents and to testify at trial against the husband. Rules of Prof.Conduct, Rule 8.4.
Laura Morgan is a Family Law Consultant. Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website. www.famlawconsult.com