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Subpoena fee  XML
Forum Index » Legislation, Licensing, Ethics, and Legal Issues
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Cameron Anderson
P. Diddy
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Joined: 09/27/2014 09:37 AM EDT
Messages: 602
Location: Peoria, IL
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I have a former client which is suing the previous owner and I have been called by the defense attorney for a deposition. The subpoena for deposition came with a check for $30 for "the subpoena fee for the witness and applicable mileage fees".

What I'm questioning is if I can demand a reasonable payment for my time other than this pittance of $30?
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sgilligan
I'm on a yacht.
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Joined: 01/12/2015 07:51 PM EST
Messages: 56
Location: Philadelphia, PA
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I typically charge whatever my typical inspection fee would be for a one day consultation and deposition. If any addition follow up work is needed beyond the initial appointment, time is billed at $150-$200 per hour in one hour increments.

Scott Gilligan
Infraspection Institute Level III Certified Thermographer

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Cameron Anderson
P. Diddy
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Joined: 09/27/2014 09:37 AM EDT
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Location: Peoria, IL
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The question is, is the defense attorney required to honor that fee?

Cameron Anderson
Illinois Licensed Inspector
homeinspectionpeoria.com
Inspecting since 2004
309-712-1556
Peoria, Illinois
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Mike Casey
General
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Joined: 06/28/2014 07:21 PM EDT
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Location: San Diego CA
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I would contact the defense attorney and tell him/her you are happy to provide all the yes or no answers they need regarding the inspection report provided as a witness of fact. That's what they get for the $30 mandatory fee. However, you will not answer any expert opinion questions unless being paid your normal hourly rate as an expert at deposition. Since you received a subpoena you pretty much have to show up or risk fines.

Thanks.

Mike Casey
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sgilligan
I'm on a yacht.
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Joined: 01/12/2015 07:51 PM EST
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Location: Philadelphia, PA
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They are requesting information from you. If they want to win the case, they better be willing to pay for valuable information. You're not getting paid for jury duty here. You are being hired as an expert witness to provide information that could win the case for them. You set your price for what you think your level of expertise is and how it will benefit the client.

Scott Gilligan
Infraspection Institute Level III Certified Thermographer

www.accuracyinspections.com
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Nathan
King
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Joined: 06/17/2014 09:32 PM EDT
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Location: Carmel, IN
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Mike Casey wrote:I would contact the defense attorney and tell him/her you are happy to provide all the yes or no answers they need regarding the inspection report provided as a witness of fact. That's what they get for the $30 mandatory fee. However, you will not answer any expert opinion questions unless being paid your normal hourly rate as an expert at deposition. Since you received a subpoena you pretty much have to show up or risk fines.

Thanks.


What Mike said. Ignore a subpoena at your own peril, but offer the requesting attorney your services.

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Dale Raines
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Joined: 06/27/2014 04:50 PM EDT
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Location: Trenton, MI
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I have an expert testimony / litigation financial compensation clause in my contract. (Paraphrased) That states I am to receive a non-refundable retainer up front, plus an hourly rate for any activities on our part for the attorneys case, including but not limited to, deposition, phone time, research, court time, travel time portal to portal, case review prior to court appearance, etc. Invoiced weekly, balance due the following Friday.

I really don't want to get into a prolonged court battle that will cause disruption in my business. So the fees are excessive to make it worth while should it happen.

Dale Raines, General Manager
AccuSpect Inspections
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Nathan
King
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Joined: 06/17/2014 09:32 PM EDT
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Location: Carmel, IN
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Dale Raines wrote:I have an expert testimony / litigation financial compensation clause in my contract. (Paraphrased) That states I am to receive a non-refundable retainer up front, plus an hourly rate for any activities on our part for the attorneys case, including but not limited to, deposition, phone time, research, court time, travel time portal to portal, case review prior to court appearance, etc. Invoiced weekly, balance due the following Friday.

I really don't want to get into a prolonged court battle that will cause disruption in my business. So the fees are excessive to make it worth while should it happen.


Do you think that would hold up in this situation, or is it simply a deterrent?

P. Nathan Thornberry
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William Chandler
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Joined: 06/23/2014 04:28 AM EDT
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You have been subpeoned - you don't have a choice but to show up. You don't get paid anything - you are not being called as an expert; you are being called to answer questions regarding your knowledge of the inspection. I'm surprised you got $30. Enjoy lunch.

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gfricke
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Joined: 06/19/2014 09:51 PM EDT
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Location: St Petersburg, FL
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what Bill said. You're called by the defense, you're not an expert witness, you're providing information. Be thankful they gave you $30. I did one last fall and got nada.

Glenn Fricke
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Philo
The Rock
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Joined: 06/18/2014 10:46 PM EDT
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Location: Dallas, Texas
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The last time I did this, (not expert witness,) in a pre-meeting with the defense team, they brought up, "invoice us for your time," (for that meeting and in court.)

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jeff32@satx.rr.com
Maverick

Joined: 12/05/2014 10:07 AM EST
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Location: San Antonio, Texas
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I love this one, as I have posted before I do lots of court cases, I have been an arbitrator and have heard cases. I have been a mediator and in fact mediated a case as recent as yesterday and wrote my report tonight.

I can tell you your clause in your contract means nothing when a subpoena is served. Mike is on to something that has been used in the past, just ask to you want a key witness in a happy mood or a hostile witness because your concerned about losing money lol.

Many attorneys have tried to subpoena me, I turn it into a game. I cannot be subpoenaed if I don't want to be. I'll park on the next street, cross the alley and come in through the back. I had an attorney once try to serve me for a year before giving up.

Point is just don't be served, they will contact you and will pay your fee's

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Philo
The Rock
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Joined: 06/18/2014 10:46 PM EDT
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Location: Dallas, Texas
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That's funny, Jeff!
I tried that once, and stopped when my own attorney (not involved in the case,) scolded me for subverting due process.

PHILO RAMOS, BS Civil Engineering
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Pete Campbell
Jedi
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Joined: 06/18/2014 10:55 PM EDT
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Location: Fort Pierce, SE Florida
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No pay, no play.

Pete Campbell
Guaranteed Inspections
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Inspecting Fort Pierce, St. Lucie Village, Lakewood Park, Vero Beach, Indian River Shores, Sebastian, Fellsmere, Fort Drum, Okeechobee, Jensen Beach, Stuart, Palm City, Hobe Sound and Indiantown, Florida.

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jeff32@satx.rr.com
Maverick

Joined: 12/05/2014 10:07 AM EST
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Location: San Antonio, Texas
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I work for attorneys all the time, I don't really listen to them, they listen to me. On that not its only due process once you have been served not before.

I have tons of stories, I have had them chase me 1/2 way across town before giving up. The one that tried to serve me for a year sent the deputy sheriff. I just ignored the door, the attorney called me I told him wait 2 weeks that I was out of town, I was only out of town that day so I didn't lie lol. Then he told me the sherif was serving me, I told him if his paid process servers couldn't find me did he think a government work could lol.

When I had my ranch they waited for me at the gate, I had 3 gates so I used another gate, after a week they figured this out so they posted someone at each gate so I called my neighbor and asked to use the gate between us and exit his gate. After another week they posted a 4th server at his gate, now this was tricky so I laid on the floor of my truck and my wife drove, my son followed in his truck. They followed us for 10 miles and then they must have thought she was decoy and they all hauled as back to the ranch, my wife loaded up with my son and he took her back. After a few days they caught on so I then sent my son to town to Mickey d's about 15 miles away, I then got on the floor board of the truck and she would drive into town, stop at Mickey d's and meet my son inside. I laid on the floor board and she would call me on the cell once they left I would get up and jump in the drivers seat and take off.

Like I said it's a huge game and I can't be served if I don't let it happen. I have lots more stories lol

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Adams Home Inspection is the right choice !!!

18 + years experience
TREC Lic #3813
Certified Applicator #0557483
Pest Control Business #12101
NAWT #61921TC
FHA/HUD Lic # H717
25 + years of construction experience
Adjunct Faculty San Antonio College
Experienced Arbitrator

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