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When is an attorney likely to be a necessary witness in the representation of a client?

User Jack Shedd
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Final answer:

An attorney may be a necessary witness if they have relevant personal knowledge of case facts, in situations involving conflicts of interest, ineffective assistance of counsel, or when their specific actions or advice have a significant impact on the outcome of a case as ensured by the Sixth Amendment and cases like Glasser v. United States and Strickland v. Washington.

Step-by-step explanation:

An attorney is likely to be a necessary witness in the representation of a client if the attorney has personal knowledge of the facts of the case that is relevant and material to the outcome. Such situations can arise when the attorney has witnessed events or discussions pertinent to the case or when the attorney's representation itself is in question due to potential conflicts of interest or claims of ineffective assistance of counsel. This latter scenario is highlighted in cases such as Glasser v. United States, which emphasized the right to conflict-free representation, and Strickland v. Washington, which established standards for claims of ineffective assistance.

In addition, the Sixth Amendment guarantees not only the right to a fair trial, assistance of counsel, and the right to confront witnesses but also extends to situations where the lawyer's actions or advice could significantly affect the outcome.

For instance, under Padilla v. Kentucky, attorneys must inform clients about possible deportation consequences of criminal convictions. If the attorney fails in this duty, they may become a necessary witness regarding the nature and extent of the advice provided.

User Giulio Muscarello
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