Steve is correct. In Florida, as in a number of other states, attorneys have no obligation to be honest other than to their client and the judge. They sometimes will cite a rule limiting fees for "fact" testimony. Unless there is a specific issue (like you saw the client fall down the stairs), you are not a fact witness. As an expert, you have the right to require the payment of a fee. Bill the attorney and expect payment prior to deposition appearance. If the attorney cannot pay that quickly, they can send a written confirmation of your fee and that it will be paid by a date specific. Without either the payment or the written commitment, attend the deposition and open by stating that you will not respond to any deposition question pending payment or an on-record commitment to pay your fee in a timely manner.
I have had attorney's respond by shutting down the deposition (I bill my client for the appearance time) or they present a check on the spot. Either is fine. No loss...
Best regards,
Jeff Barrett, M.Ed., CAP. CRC, CVE, CCM
Options Plus
optionsplusinc.com
954-929-9694
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Original Message:
Sent: 4/28/2023 4:13:00 PM
From: Steve Bast
Subject: RE: Attorney in Florida refuses to pre-pay for deposition
Stand your ground. Be calm and assert: "This is my charge, pay 48hrs in advance (or whatever) or I won't be there."
"(c)Fee. An expert or skilled witness whose deposition is taken shall be allowed a witness fee in such reasonable amount as the court may determine." Rule 1.390 - DEPOSITIONS OF EXPERT WITNESSES, Fla. R. Civ. P. 1.390
https://casetext.com/rule/florida-court-rules/florida-rules-of-civil-procedure/rules/rule-1390-depositions-of-expert-witnesses
-Steve Bast, MHS, CVE, CDMS, FVE, CCM, IPEC, ABVE/F, EA
Westwind Consulting, Inc.
Original Message:
Sent: 4/28/2023 3:43:00 PM
From: Jennifer B Toles
Subject: Attorney in Florida refuses to pre-pay for deposition
Is there any recourse? A attorney is citing Florida Rules of Civil Procedure 1.390 and indicates my deposition should be no more than $300 and will note pay a dime more. My policy is pre-payment for depositions. This has never happened to me before I am at a loss for words.
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Jenn Toles MS CRC CLCP CCM
Guided Life Care Planning Services
info@guidedlifecare.com
Lithia, Florida
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