The New York Appellate Division for the First Judicial Department affirmed an order

Defendant’s motion was properly denied because “[w]hile the disciplinary rules preclude an attorney from acting as both witness and advocate in the same proceeding, the prohibition does not apply where, as here, the attorney is a litigant” (Walker & Bailey v We Try Harder, 123 AD2d 256, 257 [1st Dept 1986]). The fact that plaintiff is seeking to recover fees under a theory of quantum meruit does not compel a different result. Furthermore, rule 1.9 of the Rules of Professional Conduct (22 NYCRR 1200.0), which seeks to avoid a conflict of interest between an attorney’s former and current client on a substantially related matter, does not apply here, where the attorney is acting pro se to recover legal fees (see id. ).