World Youth Day, Inc. v. Famous Artists Merchandising Exchange, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that the trial court’s focus should be on fairness, even if testimony by a witness would violate a rule of professional conduct
• disqualifying the negotiating attorney of an agreement object of the suit solely because he was the “only individual” with first-hand knowledge of many relevant and material facts
• “Realistically, the testimony from oral depositions in this case cannot easily be taken and read into evidence without revealing [the lawyer’s] identity as the deposing attorney”
• “a lawyer is a ‘necessary’ witness if his or her testimony is relevant, material and unobtainable elsewhere” (emphasis added)
• “it is naive to believe that depositions are divorced from trial advocacy”
• “Colorado Rule 3.7 applies only to an attorney ‘act[ing] as an advocate at trial.’ Thus, with the informed consent of the client, a lawyer who is likely to be a necessary witness may accept employment and continue to represent the client in all litigation roles short of trial advocacy.”

Source: CourtListener parenthetical corpus (CC0).