Legal Question in Civil Litigation in California

Compensation for lost wages while testifying as a witness in a civil trial.

I requested compensation for lost wages from the attorney that issued my subpena in a civil trial. He agreed, and did pay one days wages after the trial was continued. I was required to take two additional days off due to two more continuences. After I testified, I submitted a second request for the additional lost wages. He refused to pay. He stated that he had no legal obligation to pay under California law. But, what about his moral and ethical responsibility? What recourse do I have? I feel very used. I was very flexable and made myself more than available.

Thank you


Asked on 8/16/99, 3:20 pm

1 Answer from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Compensation for lost wages

there is not moral, ethical or legal obligation to pay a witness anything but the $35/day plus milage the law requires. However, if the lawyer promised to pay something more you can try a small claims action against the lawyer for breach of contract.

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Answered on 8/20/99, 4:40 am


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