This is cut and paste from a previous thread. I keep a copy of this on my desktop. Very helpful. Most is advice from ampapba (RIP).
See BOLD below
LEGAL advice
Taking a welcoming stance:
Make sure SIGNED fee agreement is on record.
Use the 60 min minimum, even if you only speak with them for 15 min (charge for time spent in chart review)
You could have attorney prepay if you’d like.
Keep answers simple (If they ask if you know the time, say “yes”.)
Defer to the chart. Don’t make inferences if you don’t want. “According to the chart…”
It’s okay, sometimes even best, to say “I don’t know” or “I don’t have an opinion regarding that”. They will try to twist your words to fit the position they represent.
LEGAL advice (ampapba)
TAKING A HARD STANCE:
Let them know you will appear as a witness of fact only if they subpoena you. You will be happy to read your report into the record. If they want you to provide an opinion, let them know what your rate is. You are not under any obligation to have an opinion unless you are fairly compensated
Expert Witnesses render opinions. You are under no obligation to provide such an opinion, unless your services are paid for at a fair market rate.
If someone wants to subpoena you, and doesn't want to pay you appropriately, when they ask you the causation question (which is the only one that really matters), just tell them you hold no opinion on the matter.
Once you answer the question, you have lost your leverage. They only want you there for your opinion. If you tell them you won't have one, they will sputter, but won't insist you appear. (Or, alternatively, they will pay you). Once you testify, they don't need you anymore, and you won't get paid a dime. That's why you should ALWAYS get paid in advance (and never accept the idea that they will bring the check with them, cause half the.time, they conveniently forget)
Also, if you routinely charge $3k for a depo, they won't use you very much. 3k for trial testimony is fine (kinda low, actually) but for depo, better to charge by the hour, and dont start till 4:30.
If you appear as a fact witness, you're totally hosed as mentioned above. You'll get an insulting stipend that might cover your parking fees. Therefore, make it clear that you are only appearing as a fact witness and you have no relevant facts to relate, as they can easily see in your records. If they want an expert you can charge whatever you want. There is no statutory limit.
You can also tell them if they subpoena you your attorney will file to quash the subpoena. Then they'll have to explain to a judge why they need your testimony and your lawyer can show that you have no relevant information. I quashed a subpoena for family court when one of my patients got divorced. They wanted to use me to show that my patient was a drug abuser, which she was not.
It'll cost you some to quash the subpoena but not as much as the income lost on a wasted day in court. Just the threat of quashing might scare them off.
Agree with the money up front and my staff will tell them it will not be scheduled until payment is received and the fee is non-refundable as I'm blocking that time. More often then not the case gets settled before any depositions.
If it's a legit subpoena I don't think you can get out of it. What you might do is make it clear to the lawyer that you'll be giving absolutely zero opinion (expert witness) testimony and literally will only be reading your chart back to him (fact witness). He's probably trying to see if you're gullible enough to give opinion, on a no-fee basis as a witness to save himself a few thousand bucks. If he wants opinion, fine, give him your fee schedule and make sure you are paid enough to equal a days collections at a minimum.
if you get subpoenaed as a witness - then they are not really interested in your opinion, since you aren't going to be an expert - they will basically just ask you to confirm components of the chart? you don't get paid to show up...
however, if you have seen that patient within the statute of limitations, be careful with what you say as a witness, because they could use that against you if they decide to sue you for malpractice... so get your malpractice carrier involved...
nd tenesma is correct, if i am witness, and i am forced to show up, i cannot demand payment if i am not an expert or my opinion is not being requested. I can however not recall anything and be of little help. or potentially say something that would affect the decision, but to Tenesmas point, you have to be careful about that, and you would be doing that for free... so you get paid in "spite" not dollars, but potentially set yourself up for unnecssary issues.
For a personal injury case you never have to show up to explain your chart... You can sign your notes and submit it as evidence... If you are explaining your care, that's opinion and should get paid.
Call the lawyer and let him know that if he thinks you are showing up to court undeposed, for 60 bucks, he/she doesn’t know what you are going to say... but you will be happy to read your chart out loud
