HARRIS v. SCULCO

5253N, 111955/08.

86 A.D.3d 481 (2011)

926 N.Y.S.2d 897

2011 NY Slip Op 5983

BETSY HARRIS, Respondent, v. THOMAS SCULCO, M.D., et al., Appellants, et al., Defendants.

Appellate Division of the Supreme Court of New York, First Department.

Decided July 21, 2011.


Rule 3.7 of the Rules of Professional Conduct (22 NYCRR 1200.0) generally prohibits an attorney from acting as an advocate before a tribunal where it is likely that the attorney will be called as a witness on a significant issue other than on behalf of the client, and it is apparent that the testimony may be prejudicial to the client, or where the attorney knows he or she is likely to be a witness on a significant issue of fact on the client's behalf, unless the testimony...

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