As specified in DR 5-102(c) and 22 NYCRR 1200.21(c), the advocate-witness disqualification rule is intended to provide guidance, and is not binding authority, at least according to the Second Department, in Ahrens v. Chisena, which was decided on May 15, 2007. The court said it was permissible for plaintiff's counsel to testify that he had personally delivered the summons and complaint. The court explained that where it was not a necessity that the party's counsel be called as a witness, there was no violation of the rule.