Tatalovic v. Nightlife Enterprises, L.P.

*440Rule 3.7 (b) (1) of the Rules of Professional Conduct (22 NYCRR 1200.0) provides that “[a] lawyer may not act as advocate before a tribunal in a matter if: (1) another lawyer in the lawyer’s firm is likely to 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.” Here, plaintiff sufficiently established that a member of the subject firm would be a witness and provide testimony that “may be prejudicial to the client,” inasmuch as defendants claim that the note in question is invalid and a…