Lawyer as witness in small claims court.?

Question

if a lawyer represented the plaintiff at trial in superior court and lost, now defendant becomes plaintiff in small claims court, suing original plaintiff in subsequent proceeding for damages pertaining to that which original trial was about, however trial was determining a particular thing not any other remedies def may be entitled to) then can that lawyer still be a witness for the now defendant? even though that lawyer represented them in the original trial?

Answer 1

Yes, I think so.  

Answer 2

the lawyer can be your witness.  BUT You will only need to worry about the second case only if the superior court judge rule in the first case in favor of the defendant without prejudice in seeking recourse or damages otherwise that party does not have a case to sue you because they did not seek damages in the first case.

Good Luck

Answer 3

From a lawyer.  The lawyer cannot be a witness because everything you said to him and everything he learned in the first proceeding is protected under the lawyer client privilege.  Don't listen to non-lawyers.

Answer 4

Yes... lawyers can be witnesses... however, it sounds like your case is res judicata... in that the issues have already been litigated.  You need to hire a comptent paralegal and file a motion to dismiss the current small claims action as res judicata.

EDIT:  Larrydaf... has no idea what he is talking about or the lawyer he is getting his information from.... Of course the attorney client privliege would have to be waived... in order for the attorney to testify for his own client...that was not the question.  Don't listen to people who are not lawyers and claim to get information from them.