Legal Question in Civil Litigation in Texas
My client hired me as an expert to represent him in small claims court and agreed to pay my expert whtiness fees, then he had me subpena and now is stating becuase I was subpena he doesn't have to pay my bill. I am suing him in the same smalls claim court but wanted to confirm that I have the right to charge since I was introduced as the expert and he did agree to pay subpena or not thanks
1 Answer from Attorneys
You're right. Your client would not have to pay an ordinary percipient witness whom he subpoenaed. But subpoenaing you did not turn you into an ordinary witness. You were still his expert, and he still had a contractual duty to pay you. The subpoena did not change any of that.
If the law worked the way your client claims, experts could never count on being paid. No one would agree to serve as an expert witness in such a system.
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