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IN RE CONDUCT OF LATHEN

SC 28725.

654 P.2d 1110 (1982)

294 Or. 157

In re Complaint As to the CONDUCT OF Neil F. LATHEN, Accused.

Supreme Court of Oregon, In Banc.

Decided December 7, 1982.

Attorney(s) appearing for the Case

Malcolm F. Marsh, Salem, argued the cause for accused. With him on the brief was Clark, Marsh, Lindauer, McClinton & Vollmar, Salem.

Frank Noonan, Portland, argued the cause for the Oregon State Bar. With him on the brief was Winfree & Noonan, Portland.

PER CURIAM.

The issue is whether the accused was required by the Disciplinary Rules of the Code of Professional Conduct to withdraw as counsel from the conduct of a trial. DR 5-102(A) provides:

"If, after undertaking employment in contemplated or pending litigation, a lawyer learns or it is obvious that he or a lawyer in his firm ought to be called as a witness on behalf of his client, he shall withdraw from the conduct of the trial and his firm, if any,...

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