Lawyer and Witness? Not so fast. Chancery Warns Trial Counsel That His Plan To Testify Flouts Ethical Rules
By: Brian D. Koosed and Adam R.D. Paine
In In re Straight Path Communications Shareholder Litigation, C.A. No. 2017-0486-SG the Delaware Court of Chancery considered plaintiffs’ motion to compel and motion to supplement case schedule to impose an election deadline regarding defendants’ counsel’s role at trial as lead counsel and as a witness for the defense. The Court found the motion to be premature and made no determination as to whether an ethical violation occurred.
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