Legal Question in Civil Litigation in Illinois

Expert fees

I am a fire expert that performed a cause and origin investigation for an insurance company on a house fire. My client, the insurance company settled the fire loss, paid me my fees, and no longer needs my services. A federal lawsuit(Northern district of Illinois) has now spawned as a result of the fire. My client is not a party to the law suit. However, the plaintiff attorney in the case contacted me and asked if I would meet with them and discuss my actions during my investigation. I agreed only if I was compensated my normal fees for the meeting. The meeting was held and I was compensated. Now the problem! the plaintiff attorney has now issued a federal subpoena for my deposition. They now refuse to pay me my normal fees instead they sent me a $50 witness fee. When challenged they responded that I am a witness not an expert retained by them. What are my recourses, if any? Can I attend the deposition and refuse to answer any questions involving my area of expertise unless compensated? If I am a ''mere'' witness and not an expert, than I feel I should only answer questions that a lay person might. I need advice soon, the deposition is three days away.

Thanks!


Asked on 9/26/02, 5:19 pm

2 Answers from Attorneys
Lawrence A. Stein Aronberg Goldgehn Davis & Garmisa, LLC

Re: Expert fees

You should hire a lawyer to review the federal subpoena and the facts, and object to the subpoena if appropriate. You may have a right to compensation. Call me if you wish. Larry Stein (630) 221-1755. You can also reschedule the deposition to give you time to accomplish this. I can help you arrange a continuance of the deposition.

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Answered on 9/27/02, 8:23 am
Zachary Bravos Law Offices of Zachary M. Bravos

Re: Expert fees

Rule 45 of the Rules of Civil Procedure for the U.S. District Courts, subsection (3)(A) provides that: �On timely motion, the court by which a subpoena was issued shall quash or modify the subpoena if it . . . (ii) requires disclosure of an unretained expert's opinion or information not describing specific events or occurrences in dispute and resulting from the expert's study made not at the request of any party.� That sounds like your situation.

This is your remedy � a motion to quash or modify. Should you choose instead to not appear, or to appear and refuse to answer questions, you will find nothing but trouble. I would not want to be in your shoes when you explain to a federal court judge why you intentially disobeyed a lawful subpoena. Either make your motion to the court or show up and answer questions.

Consider retaining a lawyer right away to get the deposition continued. This would give you time to motion the court.

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Answered on 9/27/02, 11:09 am


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