Legal Question in Civil Litigation in New York
witnesses attorney fee
I am a Psychologist asked to be a witness for my client. I am required to ''protect'' the psychological tests and my client's answers by filing a motion in court. I am told by my client's attorney that ''my'' attorney fee is my responsibility. Is this true in NY State?
3 Answers from Attorneys
Re: witnesses attorney fee
Yes, that is an accurate statement of the law - that you are responsible for any attorneys fees you incur. However, it's not clear how the court can require you to file a motion if you're not a party to the action.
Re: witnesses attorney fee
I am confused by your question.
If you are asked to be witness by your client why would you have to protect the psycological tests and answers? By asking for you to be a witness, isn't your client waiving his right of confidentiality?
In terms of a fee, you are entitled to be reimbursed for your time as an expert witness. However, should you desire to obtain an attorney, the attorney fee would be your responsibility.
Mike.
Re: witnesses attorney fee
Any privilege is held by the patient. Thus, you cannot assert any privilege against your patient.
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