A potential witness, Giuliani could still join Trump's defense team. It's happened before.

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A potential witness, Giuliani could still join Trump's defense team. It's happened before.
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Analysis: A potential witness, Giuliani could still join President Trump's defense team. It's happened before.

Some have pointed out that because these lawyers may have been involved in the conduct for which Trump has been impeached, they could be"conflicted out" of representing the president.

Determining whether there is a conflict is the responsibility of the lawyer, who must secure the client's informed consent in writing. There are some exceptions to the rule, including when disqualification of the lawyer would result in substantial hardship tn the client. The D.C. Circuit Court of Appeals has held that disqualification of an attorney is a serious step, one which can severely affect the monetary interest and reputation of an attorney, and negate the client's right to freely choose his counsel. Any attempt to disqualify a lawyer faces an extraordinarily high burden: Disqualification is impermissible unless the attorney's conduct will tend to taint the trial and actually have the potential to affect its outcome.

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