Doe v. Yim
The court held that, pursuant to California's advocate-witness rule, a trial court may disqualify an attorney from representing a client in every stage of litigation-including depositions.
Date Filed: October 06, 2020
Case Name: Doe v. Yim
Case Number: B299856
Court: California Court of Appeal, Second Appellate District, Division Four
(‘The court holds that, under California’s advocate‑witness rule, a trial court may disqualify an attorney from representing a client in all phases of litigation—including depositions and other pre‑trial proceedings—when the lawyer is “nearly certain” to be a material witness and possesses confidential information that could be used to the opponent’s advantage. The appellate court affirms the trial court’s discretionary order barring Tiffanie Lee from representing Jane\u202fDoe because Lee’s former marriage to the defendant makes her both a likely key witness and a potential source of privileged information. This decision underscores that California courts may apply the advocate‑witness rule prophylactically to preserve the integrity of the judicial process, a principle that extends to probate matters whenever an attorney’s personal relationships create a conflict of interest.’, ‘21189585’)
This case summary was prepared for educational purposes. For the authoritative version, please refer to the full opinion or the official California Courts website.