Are barristers allowed to testify in a case in which they are also counsel?

• A. Always allowed; no conflicts exist.
• B. They may testify only if the other party consents.
• C. Generally not; if required, withdraw from acting to avoid conflicts.
• D. They must testify unless opponent objects.

Answer: (C)

The important idea is that a barrister should not perform both roles as advocate and witness in the same case. When a barrister acts for a client in presenting the case, they owe duties to the client and to the court, and their position as a representative can clash with being an impartial witness on the same matter. To avoid this conflict and preserve the integrity of the proceedings, the proper course is to withdraw from acting if they are required to give evidence. Then another barrister or advocate can continue the representation while the barrister who must testify can present their evidence as a witness, free from the duty of advocacy in that matter. Consent from the other party does not override this ethical requirement, and the default is to avoid the dual role altogether.