This common law rule is reflected in Rule 5.2-1 of the Nova Scotia Barristers’ Society Code of Professional Conduct, which states that “[a] lawyer who appears as advocate must not testify or submit his or her own affidavit evidence before the tribunal unless permitted to do so by law, the tribunal, the rules of court or the rules of procedure of the tribunal, or unless the matter is purely formal or uncontroverted.” The Commentary to the Rule provides that “[t]he lawyer who is a necessary witness should testify and entrust the conduct of the case to another lawyer.” Rules of professional conduct governing lawyers are relevant, but not binding, on the court: Brogan v. Bank of Montreal, 2013 NSSC 76 at para.50.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.