Can my best friend who is a lawyer question me on the stand?

sozjoshua · #1 (**permalink**) 12-19-2008, 11:18 AM

My parents are getting divorced and it appears to be going to trial. My best friend is representing my father in the divorce. I have been informed that I may be callled as a witness for my mother regarding my fathers indiscretions. Can my best friend question me on the witness stand? If so any advise on how to avoid this would be appreciated.

Snoopy · #2 (**permalink**) 12-19-2008, 03:32 PM

Yes, with full disclosure, he probaly can. He has to inform the other lawyer and the judge of your relationship.

Legally Brunette · #3 (**permalink**) 12-22-2008, 07:21 AM

I believe they can. I know when they are picking your for a jury they will get rid of you if you know anyone involved in the case (plaintiff, defendant, prosecutor, defendant's attorney or the judge) but I don't think that holds for witnesses.

normobrian · #4 (**permalink**) 12-23-2008, 11:46 PM

Yes, he can.

a bell · #5 (**permalink**) 01-03-2009, 07:43 PM

seems like a conflict of interest, but my best friend went through a similar situation in her parents divorce and she was called to testify against her mom by a long time family friend.

Jeffrey F · #6 (**permalink**) 01-04-2009, 12:27 PM

as long as the relationship is disclosed, this is a non-issue......there may be a question of credibility of the witness with ties to the counsel.As long as the questions are pointed and you are not led, this will not be an issue

TedEx · #7 (**permalink**) 01-04-2009, 02:38 PM

This is a conflict of interest. He's your best friend and is representing your father?Bad news. He should have referred your father to an attorney who doesn't know you.

Turtle is LEGAL · #8 (**permalink**) 01-18-2009, 02:20 PM

If you are uncomfortable with this, your friend could inform the judge about the relationship and say it's a conflict of interest. The judge may or may not go for it.If you think about it, he's your best friend, he obviously already knows what information is going to be brought up, and it might be better to have HIM questioning you rather than someone who doesn't really give a crap about your feelings.

cyanne2ak · #9 (**permalink**) 05-17-2009, 02:40 PM

Yes, he can do that. The only way to avoid it is to bring it to the attention of your mother's attorney, and even then it may not be avoidable. The judge has discretion. Divorces usually have at least one hearing. I'm sorry for your troubles.