Under PR, L as a witness is:

Under PR, L as a witness is:

• A. Always permitted
• B. Prohibited with no exceptions
• C. Not permitted unless there is a lien for payment or for contingency
• D. Allowed only if the client gives written consent

Answer: (C)

In probate practice, a lawyer who represents a personal representative (PR) normally should not serve as a witness in the same matter because it raises a conflict between advocacy and testimony. But there’s a narrow exception: if the lawyer has a lien on the estate for payment of fees—either a straightforward payment lien or a contingent-fee lien—the lawyer may testify about matters related to the fee and the services rendered. The lien creates a legitimate financial interest that justifies the attorney’s testimony, so the testimony is permitted only in that situation. Absent such a lien, the lawyer-witness rule generally prevents the attorney from acting as a witness.

In probate practice, a lawyer who represents a personal representative (PR) normally should not serve as a witness in the same matter because it raises a conflict between advocacy and testimony. But there’s a narrow exception: if the lawyer has a lien on the estate for payment of fees—either a straightforward payment lien or a contingent-fee lien—the lawyer may testify about matters related to the fee and the services rendered. The lien creates a legitimate financial interest that justifies the attorney’s testimony, so the testimony is permitted only in that situation. Absent such a lien, the lawyer-witness rule generally prevents the attorney from acting as a witness.