deposition question
deposition question
(OP)
we did some structural investigation for enabling repair to existing building. now the client's attorney has listed us as his expert witness in the lawsuit against the contractor. for the deposition, are we obligated to give voluntarily or should we insist on subpoena. any differences since eventually either way it may have to be given. anybody with experience or opinions in this area. thanks





RE: deposition question
RE: deposition question
However, if the lawyer wants your testimony, there is little that you can do to get out of it. You are just wasting your time if you drag it out by waiting to be subpoenaed. See Bill Clinton again.
RE: deposition question
As a provider of engineering services, you may be asked to provide testimony about the work you performed.
You should check in with your company's attorney to ensure your interests are protected. Also, check with your insurer. (You may not be covered for services as an expert witness)
Be clear on what is being asked of you.
RE: deposition question
However, if someone wants to call you as an expert, they have to pay you whatever you want to charge them. Otherwise they can't call you.
If you a fact witness, you don't have opinions. You only testify as to what you saw, don't review materials, etc.
RE: deposition question
RE: deposition question
they have listed us as consulting expert. When we did the work for repair, our report mentioned what the probable problem was and repair options for it. sometime back the clients attorney had visited us on his own saying he wants to understand what we are saying in the report. there was another person with him whom the attorney said was his expert for the case. that was about all until now. appreciate all posted opinions or thoughts. thanks
RE: deposition question
RE: deposition question
RE: deposition question
RE: deposition question
The degree of work that you would perform to provide an "expert" opinion can be substantially more than what you would provide to be with the standard of care for your "normal" level of services.
Also, how is your client going to respond if the judge does not accept you as an "expert". If your client and your attorney assume you are an expert, and you're not up to the task, make sure they are not going to accuse you of misleading them.
Make sure your services by contract are covered with your client.
Good luck!