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Originally Posted by JayD  I'm not sure about American law, I think you can not be a witness and defend you at the same time?... However he would definately be a witness of outstanding quality... |
Ha! This is America, even the Judges aren't that sure about the Law, and here the Law is a malleable thing. Having the witness as my lawyer puts him in my pocket so to speak. I don't think he could be called to testify about this if I am his client, lawyer/client confidentiality comes into play.
If I wanted his testimony in this hypothetical case I'd have him give a formal sworn deposition prior to trial, if I didn't like it I could have it redacted due to above mentioned privilege.
Getting it in the record, if I felt it would help, would be trivial by waiving my right to confidentiality for that one document. The opposing side would have a tough time cross examining him on his statement though, a point they could bring up if they wanted the judge to disallow it.
Aerial