Attorney As A Witness

October 18, 2011

Last Friday,  I was lucky enough to be in attendance and be a speaker, at the Equity Bench Bar CLE in Columbia put on by the South Carolina Bar. One of the topics, that I personally found so very interesting, is the rules surrounding when an attorney can be a witness and when an attorney is forbidden to be a witness. The speaker, was a very well-known South Carolina lawyer, John Nichols, Esq. and he was kind enough after the seminar to tell me that he would have no problem with me posting his materials on this website. So, I pass along John’s outstanding legal talk and his legal research on a topic that is always of some interest — when can an attorney become a witness? This question is far from academic as it regularly comes up in equity courts in mortgage foreclosures where there has been a default by the opposing party. Of course, it also comes up in other contexts as well as John’s materials discuss. I sincerely want to thank John for his granting me permission to share his excellent legal materials with others who could not attend the seminar.



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