Under the rule Testify for client, which statement is NOT listed as an exception?

• A. Formality
• B. About the legal service
• C. Uncontested matter
• D. In a contested matter

Answer: (D)

Under the Testify for client rule, a lawyer may testify for a client only in a few limited situations. Those exceptions include: testifying about the formality of the matter, testifying about the legal services provided, and allowing testimony in an uncontested matter. The idea behind these exceptions is to permit necessary attorney testimony when it won’t improperly reveal confidential information or unduly prejudice the client in a contested issue.

The statement that is not listed as an exception is testifying in a contested matter. Since a contested matter isn’t included among the exceptions, the rule doesn’t permit the lawyer to testify for the client in that situation.