Estate litigation often involves complex disputes where attorneys who drafted estate documents may be called to testify. Whether it’s to explain the intent behind a will’s provisions or clarify the circumstances of its creation, lawyers play a critical role in resolving these disputes. The North Carolina State Bar’s 2024 Formal Ethics Opinion 3 outlines important guidelines for attorneys regarding the fees they can charge for testifying. For law firms like Lord & Lindley, which handle estate-related matters, understanding these rules ensures that attorneys are fairly compensated while maintaining ethical integrity.
The opinion makes clear that attorneys may charge for their time spent preparing for and providing testimony, as long as those fees are reasonable and not tied to the outcome of the case. Under Rule 1.5 of the North Carolina Rules of Professional Conduct, factors like the lawyer’s experience, the complexity of the litigation, and the time required to prepare all influence what is considered a reasonable fee. This is particularly relevant in estate litigation, where an attorney’s testimony can be pivotal in determining the validity of a will or the proper interpretation of estate documents.
Attorneys can also seek reimbursement for reasonable expenses related to their testimony, such as travel costs or time away from their practice. However, the opinion cautions against fee arrangements that could appear to compromise an attorney’s objectivity — for instance, charging excessive fees or linking payment to a specific outcome. In estate disputes, it’s essential that attorneys provide truthful, impartial testimony to help the court make fair decisions, regardless of which party benefits.
The attorneys at Lord & Lindley have significant experience dealing with trust and estate litigation in the court room. If you need assistance understanding attorney’s fees, please give us a call at 704-457-1010 to find out how we may be able to help you. For more information regarding our firm, attorneys, and practice areas, please visit our website at www.lordlindley.com.