deposition question 2

[tinu14]

we did some structural investigation for enabling repair to existing building. now the client's attorney has listed us as his expert witness in the lawsuit against the contractor. for the deposition, are we obligated to give voluntarily or should we insist on subpoena. any differences since eventually either way it may have to be given. anybody with experience or opinions in this area. thanks

 

[hokie66]

Do you have any reason for wanting to be compelled to depose? As you have acted for your client on a professional basis, you would be a likely witness, and the court may accept your testimony as that of an expert. As an expert witness, you should expect to be compensated at a considerably higher rate than for your investigation work unless your contract provides otherwise.

 

[bimr]

Most of the time, if one does not wish to participate, the lawyer will not use you since the lawyer may expect you to say something inappropriate in the deposition. Attorney's for both sides are present in a deposition and basically anything can be asked, unlike in a courtroom setting. See Bill Clinton.

However, if the lawyer wants your testimony, there is little that you can do to get out of it. You are just wasting your time if you drag it out by waiting to be subpoenaed. See Bill Clinton again.

 

[greenone]

An expert witness is different than a witness. Are you sure you are being called as an expert witness? Expert witnesses get paid, and are not usually involved in the case except as a technical source.
As a provider of engineering services, you may be asked to provide testimony about the work you performed.
You should check in with your company's attorney to ensure your interests are protected. Also, check with your insurer. (You may not be covered for services as an expert witness)
Be clear on what is being asked of you.

 

[GeoPaveTraffic]

Generally if you are called as a fact witness you have to appear and only get paid a small amount. In Missouri it's $24.

However, if someone wants to call you as an expert, they have to pay you whatever you want to charge them. Otherwise they can't call you.

If you a fact witness, you don't have opinions. You only testify as to what you saw, don't review materials, etc.

 

[civilperson]

Facts and factual findings MUST be given for free in depositions, opinions can be charged for and usually the fee includes the time spent on facts.

 

[tinu14]

they have listed us as consulting expert. When we did the work for repair, our report mentioned what the probable problem was and repair options for it. sometime back the clients attorney had visited us on his own saying he wants to understand what we are saying in the report. there was another person with him whom the attorney said was his expert for the case. that was about all until now. appreciate all posted opinions or thoughts. thanks

 

[GeoPaveTraffic]

I have had attorneys list us as experts with no real intenion of using us. Not sure what they were trying to accomplish but I have seen it done.

 

[hokie66]

I would call the attorney and ask him to clarify your involvement.

 

[greenone]

Hmm. Sounds like the attorney is confusing you. He has an expert, but lists you as a consulting expert. Like hokie says, time to give him a call and clarify things.

 

[theCorkster]

We've had a similar situation occur, specifically after the client indicated that we would not be providing "expert testimony". What did you contract for? Was it to provide "expert" services as greenone noted?

The degree of work that you would perform to provide an "expert" opinion can be substantially more than what you would provide to be with the standard of care for your "normal" level of services.

Also, how is your client going to respond if the judge does not accept you as an "expert". If your client and your attorney assume you are an expert, and you're not up to the task, make sure they are not going to accuse you of misleading them.

Make sure your services by contract are covered with your client.

Good luck!