Ethics Hotline & Opinions

ETHICS DOCKET NO. 1988-51

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MARYLAND STATE BAR ASSOCIATION, INC.

COMMITTEE ON ETHICS

ETHICS DOCKET NO. 1988-51

Can Attorney Take a Deposition Where He is a Party to the Litigation?


  According to your letter, the plaintiff in a case also is an attorney, although he is not admitted to practice law in Maryland. The plaintiff has signed the complaint as co-counsel with his partner, who is a member of the Maryland Bar. Your question is whether the plaintiff is entitled to conduct depositions, specifically whether such conduct violates Rule 3.7 of the Maryland Rules of Professional Conduct.

  Rule 3.7(a) provides that a lawyer shall not act as an advocate at a trial in which the lawyer is likely to be a necessary witness except in certain circumstances, which are inapplicable to the present situation.

  This Committee does not believe that Rule 3.7 precludes the plaintiff/lawyer from conducting the deposition. First, Rule 3.7(a) is limited to the ""trial"" and is not applicable to pre-trial discovery proceedings. Moreover, there is no rule of procedure which prohibits an individual from proceeding pro se. Accordingly, there is no ethical rule or rule of procedure which would prohibit an individual lawyer from proceeding pro se in the State of Maryland.


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