New Board Opinions
The Board approved three advisory opinions on June 10. Adv. Op. 2022-4 discusses the imputation of prosecutor conflicts and replaces former Adv. Op. 1998-15. Adv. Op. 2022-5 addresses the propriety of lawyers notarizing client affidavits, and Adv. Op. 2022-6 analyzes conflicts of interest where two lawyers represent opposing parties and are involved in a personal relationship. The latter opinion replaces Adv. Op. 1993-7 and expands the advice contained in the earlier opinion to address marital and nonmarital relationships.
CLICK HERE to read 2022-05, the opinion on Lawyer Notarization of client affidavits. Although this particular issue may not frequently come up, the opinion provides a good discussion of the application of Rule 3.7 the advocate-witness Rule, as well as a summary of appellate case law on the subject and is worth reviewing if you find yourself considering asserting or defending a Motion to DQ a lawyer based on the lawyer potentially being named as a witness.
