Is a solicitor required to be present as counsel and as a witness in a proceeding?
Ontario, Canada
The following excerpt is from Waterloo (City) v. Singh, 2006 CanLII 3663 (ON SC):
Rule 4.02(2), “Rules of Professional Conduct”, indicate a solicitor shall not appear as counsel and as a witness in a proceeding. The conflict is obvious, potentially with respect to the client and certainly as to the duty of objectivity and detachment owed to the court: see Urquhart v. Allen Estate [1999], O.J. No. 4816 (S.C.J.) at paras 27-28.
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