How to Get Your Lawyer to Testify for You

After reviewing your legal case, have you come to the conclusion that your lawyer would be your best witness? Afterall, they know the law and they now have all your facts. Here are some things you need to know if you want your lawyer to testify for you.

Instructions

Difficulty: Moderately Challenging

1. You have to understand that your lawyer is a legal agent whom you hired to represent you in a legal action. They know and understand the law and legal issues where you don’t, and they know how to present your matter in trial in accordance with the laws concerned. This is their job and this is why you hired them.
2. If you hired this lawyer as your legal agent in a litigation matter, then it is not likely that he or she has personal knowledge or involvement in your issues, ie: your ex-tenant owes you money for rent arrears and damages - the lawyer has no personal involvement with these issues. You have given your lawyer all the facts and it's those facts that enables them to proceed with your case.
3. You need to go to the courthouse and get an information package on legal procedures and learn the obligations and responsibilities of a lawyer. Find out if a lawyer can be both, legal counsel and witness.
4. You need to explain your concerns to your lawyer and get his/her legal advice on your suggestion.
5. There is a legal process whereby you can dismiss or fire your lawyer, relieving them of their legal responsibilities to you. If the lawyer agrees to not continue with you in their legal capacity and will testify for you instead, you need to consider this: will you be losing good legal representation for hearsay evidence? You need to count the cost of your decision. See the article, How to Know the Difference between Facts and Hearsay Evidence.

Tips & Warnings

• There are instances where lawyers do get on the stand and testify for a party and they are able to give evidence because they were personally involved with some aspect of the issue. For example, they are the company lawyer who handles all the collections and bad debts and they dealt with these issues at the time. But they were likely never the lawyer that was hired as legal counsel for the party in this particular legal action.
• If your lawyer were to trade hats from legal counsel to witness, you need to consider two things. Can this lawyer testify to issues or events that they experienced firsthand or will they be simply repeating what you have told them, known as hearsay evidence. Second, will the lawyer want to speak out after being fired, and even if they are summoned to court, will their testimony still be in your favour?