---
kind: "section"
citation: "37 C.F.R. § 11.307"
title: "37"
number: "11.307"
heading: "Practitioner as witness."
url: "https://uscodex.org/cfr/37/11.307"
---

# §11.307. Practitioner as witness.

- (a) A practitioner shall not act as advocate at a proceeding before a tribunal in which the practitioner is likely to be a necessary witness unless:
  - (1) The testimony relates to an uncontested issue;
  - (2) The testimony relates to the nature and value of legal services rendered in the case; or
  - (3) **Disqualification of the practitioner would work substantial hardship on the client.**
- (b) A practitioner may act as advocate in a proceeding before a tribunal in which another practitioner in the practitioner's firm is likely to be called as a witness unless precluded from doing so by §§ [11.107](/cfr/37/11.107.md) or [11.109](/cfr/37/11.109.md).

## Notes

### Source

Source: 78 FR 20201, Apr. 3, 2013, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 500; 15 U.S.C. 1123; 35 U.S.C. 2(b)(2), 32, 41; Sec. 1, Pub. L. 113-227, 128 Stat. 2114.

### Source

Source: 69 FR 35452, June 24, 2004, unless otherwise noted.