CFR > Title 32 - National Defense > SUBTITLE A—Department of Defense > CHAPTER VI—DEPARTMENT OF THE NAVY (parts 700 to 777) > SUBCHAPTER G—MISCELLANEOUS RULES (Parts 765–777) > PART 776—PROFESSIONAL CONDUCT OF ATTORNEYS PRACTICING UNDER THE COGNIZANCE AND SUPERVISION OF THE JUDGE ADVOCATE GENERAL > SUBPART B—Rules of Professional Conduct (§776.18 to §776.72-776.75) > 776.46—Attorney as witness.

776.46—Attorney as witness.

(a) Attorney as witness: (1) A covered attorney shall not act as advocate at a trial in which the covered attorney is likely to be a necessary witness except when:
(i) The testimony relates to an uncontested issue;
(ii) The testimony relates to the nature and quality of legal services rendered in the case; or
(iii) Disqualification of the covered attorney would work substantial hardship on the client.
(2) A covered attorney may act as advocate in a trial in which another attorney in the covered attorney's office is likely to be called as a witness, unless precluded from doing so by § 776.26 or § 776.28 of this part.
(b) [Reserved]