Anderson Producing Inc. v. Koch Oil Co.

Subject to certain exceptions, Texas Disciplinary Rule of Professional Conduct 3.08 prohibits an attorney from representing a party in an adjudicatory proceeding if the attorney knows or believes that he or she may be a witness at trial. Tex.Disciplinary R.PROF.Conduct 3.08 (1994), reprinted in Tex.Gov’t Code Ann., tit. 2, subtit. G app. (Vernon Supp.1996). Relying solely on this rule, respondent persuaded the court of appeals to reverse the trial court’s judgment for petitioner because the lawyer who represented petitioner during pretrial proceedings later testified as an expert and fact…