Rule 5-310 Prohibited Contact with Witnesses

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Rules of Professional Conduct

Rule 5-310 Prohibited Contact with Witnesses

A member shall not:

(A) Advise or directly or indirectly cause a person to secrete himself or herself or to leave the jurisdiction of a tribunal for the purpose of making that person unavailable as a witness therein.

(B) Directly or indirectly pay, offer to pay, or acquiesce in the payment of compensation to a witness contingent upon the content of the witness's testimony or the outcome of the case. Except where prohibited by law, a member may advance, guarantee, or acquiesce in the payment of:

(1) Expenses reasonably incurred by a witness in attending or testifying. 

(2) Reasonable compensation to a witness for loss of time in attending or testifying. 

(3) A reasonable fee for the professional services of an expert witness.