evidence on some factual issues, such as whether Richelo immediately withdrew from representing CMS when Clough requested that he do so. Other facts, such as the amount and nature of the work performed by Merolla in the Main Line suit, and the amount of attorney fees attributed to that work, can be proved by the record in that case. Therefore, we find that Richelo has failed to demonstrate at this point that Merolla’s testimony is “necessary” to his defense. While it is understandable that Richelo may want to bolster his case at trial with Merolla’s testimony, that interest does not make Merolla’s testimony “necessary” under Rule 3.7 and is outweighed by Clough’s right to be represented at trial by his chosen counsel. Martinez v. Housing Auth. of DeKalb County, 264 Ga. App. at 288 (5) (<HOLDING>). Accordingly, because Richelo failed to carry
holding that in order to state a claim for ineffective assistance of counsel based on the failure to call a witness to testify the claimant must allege 1 the identity of the potential witness 2 that the witness was available to testify at trial 3 the substance of the witnesss testimony and 4 an explanation of how the omission of the testimony prejudiced the case recognizing that a criminal defendants right to counsel is the right to the effective assistance of counsel holding that the clients right to its chosen counsel superseded the opposing partys right to call that counsel as a witness when there were other witnesses available to testify to the same facts recognizing the right to counsel on appeal recognizing that the sixth amendment guarantees a defendant the right to counsel and the right to waive counsel