Testimony of Contingent Fee Witness Excluded

The Orphans’ Court improperly excluded documentary evidence of the birth records of claimants to the estate, and could not exclude the testimony of a genealogical witness to be paid on a contingent fee for a violation of the Rules of Professional Conduct, but could properly exclude the testimony on common law grounds as an improper fee agreement with a fact witness, and could properly conclude that the testimony deserved little or no weight. Estate of Albert Mikeska, 2019 PA Super 249 (8/20/2019).

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