Author

Topic:   1st. Trip to Court. - 2277 visits (1 today, 2 this week)

John Graham
New Member


Posts: 12
From:Deer Park
Registered: Mar 2001

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posted January 24, 2006 09:17 AM            

Hi, I was going to go to court tomorrow regarding an inspection I did in 1999, for a homeowner who had some very poor work done to her home. She is now being sued by the builder. I was to be paid by her to testify, which was Okayed by her lawyer. Now, the homeowner called today to tell me that the date has been cancelled and I am going to be subpoena for 3 dates in march, does this mean I am about to be screwed out of my fees? Thanks for any info. John G.

Jerry McCarthy
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From:San Mateo, CA
Registered: Jan 2001

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posted January 25, 2006 06:29 PM            

Yes

At least that's how it works in CA.

Next time you get a call from a client, or anyone for that matter, who asks if you would testify for them in any legal matter please tell them to have their attorney retain you as a consultant. This way whatever you say/do is privileged information and if you are deposed by the other side they have to pay you your fee for any info in that regard. (it's called discovery) Put together a CV and fee schedule so that your ready next time around.

There's several good books on "expert witnessing" and the various types of contracts to use along with the ins and outs. But always remember, you're not a "expert witness" until a court of law says you are. It usually goes county by county in that after a court in X county accepts you as an expert then after that there's usually no problem.

Expert witnessing is a game and you must know the rules in order to play it.

Good luck

------------------
Jerry McCarthy
San Mateo, CA

Jerry Peck
Member




Posts: 8278
From:Pembroke Pines, FL
Registered: Feb 2003

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posted January 25, 2006 09:49 PM            

"Expert witnessing is a game and you must know the rules in order to play it."

Very well said.

There are two opponent teams, one (supposedly) neutral referee. The team with the most persuasive argument wins.

Notice that I did not say that the team which is right wins, that is not always the case, besides, who is "right" usually depends on who you are working for.

------------------
Jerry Peck
South Florida

Jimmy Hughes
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Posts: 13
From:Greenville, NC
Registered: Aug 2002

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posted January 27, 2006 05:04 PM            

When you were contacted to testify, if by the owner, you should have asked their lawyer to make the request in writing giving a date and time if possible.

You should reply to the attorney, stating that you need everyhow many days notice, how much you charge, per hour, per day or whatever.

You should also inform them that if they want you to standby and wait for a call, there is a charge for that also as you are not able to perform inspections while on standby.

Also inform the attorney that if you are scheduled and not cancelled by a certain date and time, charges will accru.

Kevin Teitel
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Posts: 227
From:Alexandria, VA
Registered: Aug 2004

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posted January 30, 2006 07:59 AM            

I gotta ask, why is the builder suing the owner? She had some very poor work done, but why does the builder care?

Kevin Teitel
House-Pro Inspections

John Graham
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From:Deer Park
Registered: Mar 2001

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posted January 30, 2006 09:27 AM            

Hi. The House is not new. A large portion of the house was re-built. Thanks all for your replies. John G.