BTW, please be aware that while on the stand as a designated professional witness, you are and can be held liable for any of your professional comments and in the event of any court decisions against your client, you can be held responsible.
Courts do not always follow the law as surveyors understand their duties under the law and the right thing may not be the result.
Be prepared to be seen as an observer of the events of the surveyor rather than the person who decides who owns what.
I have never walked into any lawyers office, court or client meeting without it being understood that I am being paid a fee for my time after a price is mentioned.
They either say, ok or I stay in office or go into the field and put in some actual billable hours.
good luck
A Harris, post: 391082, member: 81 wrote: BTW, please be aware that while on the stand as a designated professional witness, you are and can be held liable for any of your professional comments and in the event of any court decisions against your client, you can be held responsible.
Courts do not always follow the law as surveyors understand their duties under the law and the right thing may not be the result.
Be prepared to be seen as an observer of the events of the surveyor rather than the person who decides who owns what.I have never walked into any lawyers office, court or client meeting without it being understood that I am being paid a fee for my time after a price is mentioned.
They either say, ok or I stay in office or go into the field and put in some actual billable hours.good luck
Damn. So if I say something that helps one side win, then I could have some legal trouble with the losing side? So long good nights sleep.
this song, always seems appropriate, with these types of posts....
[MEDIA=youtube]J2aqvKY6zLc[/MEDIA]
I had the pleasure of witnessing a fellow surveyor, who had been served a subpoena after refusing to appear for depositions for a case (as an expert witness) on behalf of a client that had never paid him for the actual survey (much less pay his fees for court appearances or expert testimony).
Upon questioning his reply to every question was "I do not recall. But I do remember Mr. XX never paying for a survey".
After about six questions with the same response to everyone, the now furious lawyer went over to his client and the quietly exchanged a few words. Mr. XX revealed a check book, scribbled & handed the check to his lawyer. The lawyer then handed the check to the surveyor asking his earlier first question for a second time. "Ah yes! Now that you mention it...." The surveyor replied following up with the appropriate response.
I nearly choked and exposed blood from biting my tounge so hard to refrain from bursting out in laughter and profound excitement at what I had just witnessed. Believe it or not, the check cleared too and all his fees were paid for throughout the remainder of the case.
He also appeared to have earned quite a bit of respect from the lawyer for his actions too. Because for years after that most clients that came in with boundary issues to this lawyer were referred to the surveyor before accepting to move move forward with the case.
I hope if I am ever faced with either your situation or the story I just shared, I have the nerve to act accordingly. That being said, you are being paid as though you are just a standard witness of no greater importance than some average joe off the street. Therefore, I would offer my replies as such. Answer no question in a form of professional opinion to the case or matters pertiaining to it. I believe any questions pertaining to specifics should be answered simply "it has been 6 years since I have been to the site or reviewed the file."
Worse case scenario the judge may halt the proceeding to ask you why you appear to be refusing to answer the questions. ALWAYS BE EXTREMELY RESPECTFUL TO THE JUDGE! Answer him honestly and do not hesitate to explain that the lawyer and client have refused to compensate you for your Professional services. Most judges will actually side on your behalf and fully understand as long as you are showing respect to him and make it clear (through your actions) that you are not being difficult to the court/judge but to the lawyer & client that are refusing to pay you.
On another note... Do you currently use a contract for your services? If not, seriously consider doing so. And if contracts make you uncomfortable (in my neck of the woods a lot boundary surveys are still done on a gentlemans handshake) atleast add wording into your invoices that details payment is for services rendered only and that any future requests such as sealed plat copies, descriptions, consultations and possible legal disputes, appearances and fees will billed according to current company rates at time that such services are requested. We do a similar wording that also states the current rates for such services. That way the client is fully aware that they will be charged, at a minimum, X rate for things like expert testimony. This also gives you another form of support against the lawyer when something likes this occurs. You can produce a document that shows the client was made fully aware of additional fees and charges should something like this occur. Hard for a lawyer to persuade his client not to pay you properly when you can produce a signed contract stating he would pay accordingly for such matters should they evolve.
Nate The Surveyor, post: 390990, member: 291 wrote: It's funny the goofy antics, of attys in courtrooms, where they barely understand property law.
You give them too much credit.
North-Horizon, post: 391099, member: 11551 wrote: I had the pleasure of witnessing a fellow surveyor, who had been served a subpoena after refusing to appear for depositions for a case (as an expert witness) on behalf of a client that had never paid him for the actual survey (much less pay his fees for court appearances or expert testimony).
Upon questioning his reply to every question was "I do not recall. But I do remember Mr. XX never paying for a survey".
After about six questions with the same response to everyone, the now furious lawyer went over to his client and the quietly exchanged a few words. Mr. XX revealed a check book, scribbled & handed the check to his lawyer. The lawyer then handed the check to the surveyor asking his earlier first question for a second time. "Ah yes! Now that you mention it...." The surveyor replied following up with the appropriate response.
I nearly choked and exposed blood from biting my tounge so hard to refrain from bursting out in laughter and profound excitement at what I had just witnessed. Believe it or not, the check cleared too and all his fees were paid for throughout the remainder of the case.
He also appeared to have earned quite a bit of respect from the lawyer for his actions too. Because for years after that most clients that came in with boundary issues to this lawyer were referred to the surveyor before accepting to move move forward with the case.
I hope if I am ever faced with either your situation or the story I just shared, I have the nerve to act accordingly. That being said, you are being paid as though you are just a standard witness of no greater importance than some average joe off the street. Therefore, I would offer my replies as such. Answer no question in a form of professional opinion to the case or matters pertiaining to it. I believe any questions pertaining to specifics should be answered simply "it has been 6 years since I have been to the site or reviewed the file."
Worse case scenario the judge may halt the proceeding to ask you why you appear to be refusing to answer the questions. ALWAYS BE EXTREMELY RESPECTFUL TO THE JUDGE! Answer him honestly and do not hesitate to explain that the lawyer and client have refused to compensate you for your Professional services. Most judges will actually side on your behalf and fully understand as long as you are showing respect to him and make it clear (through your actions) that you are not being difficult to the court/judge but to the lawyer & client that are refusing to pay you.
On another note... Do you currently use a contract for your services? If not, seriously consider doing so. And if contracts make you uncomfortable (in my neck of the woods a lot boundary surveys are still done on a gentlemans handshake) atleast add wording into your invoices that details payment is for services rendered only and that any future requests such as sealed plat copies, descriptions, consultations and possible legal disputes, appearances and fees will billed according to current company rates at time that such services are requested. We do a similar wording that also states the current rates for such services. That way the client is fully aware that they will be charged, at a minimum, X rate for things like expert testimony. This also gives you another form of support against the lawyer when something likes this occurs. You can produce a document that shows the client was made fully aware of additional fees and charges should something like this occur. Hard for a lawyer to persuade his client not to pay you properly when you can produce a signed contract stating he would pay accordingly for such matters should they evolve.
I updated the small print in my standard contract this morning. Thanks.
North-Horizon, post: 391099, member: 11551 wrote: I had the pleasure of witnessing a fellow surveyor, who had been served a subpoena after refusing to appear for depositions for a case (as an expert witness) on behalf of a client that had never paid him for the actual survey (much less pay his fees for court appearances or expert testimony).
Upon questioning his reply to every question was "I do not recall. But I do remember Mr. XX never paying for a survey".
After about six questions with the same response to everyone, the now furious lawyer went over to his client and the quietly exchanged a few words. Mr. XX revealed a check book, scribbled & handed the check to his lawyer. The lawyer then handed the check to the surveyor asking his earlier first question for a second time. "Ah yes! Now that you mention it...." The surveyor replied following up with the appropriate response.
I nearly choked and exposed blood from biting my tounge so hard to refrain from bursting out in laughter and profound excitement at what I had just witnessed. Believe it or not, the check cleared too and all his fees were paid for throughout the remainder of the case.
He also appeared to have earned quite a bit of respect from the lawyer for his actions too. Because for years after that most clients that came in with boundary issues to this lawyer were referred to the surveyor before accepting to move move forward with the case.
I hope if I am ever faced with either your situation or the story I just shared, I have the nerve to act accordingly. That being said, you are being paid as though you are just a standard witness of no greater importance than some average joe off the street. Therefore, I would offer my replies as such. Answer no question in a form of professional opinion to the case or matters pertiaining to it. I believe any questions pertaining to specifics should be answered simply "it has been 6 years since I have been to the site or reviewed the file."
Worse case scenario the judge may halt the proceeding to ask you why you appear to be refusing to answer the questions. ALWAYS BE EXTREMELY RESPECTFUL TO THE JUDGE! Answer him honestly and do not hesitate to explain that the lawyer and client have refused to compensate you for your Professional services. Most judges will actually side on your behalf and fully understand as long as you are showing respect to him and make it clear (through your actions) that you are not being difficult to the court/judge but to the lawyer & client that are refusing to pay you.
On another note... Do you currently use a contract for your services? If not, seriously consider doing so. And if contracts make you uncomfortable (in my neck of the woods a lot boundary surveys are still done on a gentlemans handshake) atleast add wording into your invoices that details payment is for services rendered only and that any future requests such as sealed plat copies, descriptions, consultations and possible legal disputes, appearances and fees will billed according to current company rates at time that such services are requested. We do a similar wording that also states the current rates for such services. That way the client is fully aware that they will be charged, at a minimum, X rate for things like expert testimony. This also gives you another form of support against the lawyer when something likes this occurs. You can produce a document that shows the client was made fully aware of additional fees and charges should something like this occur. Hard for a lawyer to persuade his client not to pay you properly when you can produce a signed contract stating he would pay accordingly for such matters should they evolve.
I like this story quite well. When I warned my (in my above post) that I'd leave my professional opinion at home, they decided to "Go it without me" and lost their case. I like it way better, what Mr North Horizon above posted. Really Really funny to me.
N
True Grit, Rooster Cogburn, Courtroom scene.
[MEDIA=youtube]e7jggCcfyjE[/MEDIA]
It may no longer be the case but in Washington decades ago I was subpoenaed as a percipient witness in a dispute between two government agencies, one of which was my employer. Deposed in writing, two pages of questions, all fact based concerning the location and geometric relationships of several monuments, that I had prepared my fieldnotes in the field on a certain day, etc. No questions touched on my opinions concerning the significance of the monuments, which is the "true" corner, whether Surveyor #1 was a jackleg, etc. I was being paid my salary to review my records and fill out the deposition. I found nothing wrong with testifying in that scenario. I assume both parties accepted my testimony uncontested (because I was surveyor #3 on site, found things as surveyors #1 and #2 described, but also found a partially buried and undisturbed marked stone 50' away from their recently ((30's & '50s)) set pipes) and they went on with the battle of the expert witnesses game using big name experts without my further participation.
Some subpoenaed posters above suggest using the "can't recall 'till I get paid" ploy while on the stand when asked any questions bordering on an opinion, or any questions whatsoever, then, bingo, answering in full once the financial arrangements are made *in the same session*. I suggest they are treading on thin ice because they have been sworn in to tell the truth, risking perjury or contempt of court charges. Much better is "won't answer until I get paid because that's an expert witness question".
It's complicated, when asked if the County Recorder's certified copy of your recorded survey is yours, after perusal if you're sure it's your survey, you're perjuring yourself if you "can't recall, that was six years ago." I find it difficult to believe most surveyors can't remember the gist of their six year old survey when staring at it on the stand, and "can't recall" labelling the "found IP, accepted" on their own map! Be truthful on the stand but bristle when asked an opinion question and notify the Judge of your concerns. The opposition should be objecting vociferously to the line of questioning if it is inappropriate. If the Judge screws up and tells you to answer an opinion question, "can't recall" doesn't cut it if truthfully you can recall quite clearly. Sorry you aren't paid for this "expert" tidbit, live with it.
Expert witness's purview involves higher order questions, such as which of these two surveys is more nearly the truth? Here's an alternate process (reliction vs. avulsion for example) that this surveyor didn't consider. They can refer to textbooks (hearsay) and offer opinions concerning them, in a limited way.
OTOH, if you're a pissed off subpoenaed witness being led down the primrose path and asked leading opinion questions, make it hard for them! I once was in the gallery where a land surveyor percipient witness was asked whether a blown up detail on his Record of Survey was his survey and he emphatically answered "No Sir, it is not! My ROS was 15 sheets of much more information than shown here, to scale, and contains many notes not shown on this blowup, was ink on Mylar, and had recording information on the first sheet." Needless to say he was ordered to stand down, and reappeared the following day where there was a certified to scale full copy of his ROS admitted into evidence, which he accepted as his Survey.
Any surveyor who ends up in the witness stand, as a lay or expert witness, should read Curtis Brown's treatise on the subject. A careful reading reveals even a land surveyor lay witness may be required to express an opinion (the "old" vs. "new" fence for example).
I find this thread distasteful. If you are subpoenaed as a lay witness concerning a survey of yours, do a basic review of it and show up to answer truthfully about the facts you know and accept the inconvenience as a part of what is one of the best Justice systems in the world. It's usually less than a half day of service.
http://www.lsacts.com/documents/THE%20SURVEYOR%20IN%20COURT_MP_CB_Article.pdf
Nate The Surveyor, post: 391185, member: 291 wrote: True Grit, Rooster Cogburn, Courtroom scene.
[MEDIA=youtube]e7jggCcfyjE[/MEDIA]
Sorry, that's unintelligible. Some {{unnecessary, offensive, and degrading word}} translation. I saw the original movie and the courtroom scene was profound.
Mike Marks, post: 391579, member: 1108 wrote: It may no longer be the case but in Washington decades ago I was subpoenaed as a percipient witness in a dispute between two government agencies, one of which was my employer. Deposed in writing, two pages of questions, all fact based concerning the location and geometric relationships of several monuments, that I had prepared my fieldnotes in the field on a certain day, etc. No questions touched on my opinions concerning the significance of the monuments, which is the "true" corner, whether Surveyor #1 was a jackleg, etc. I was being paid my salary to review my records and fill out the deposition. I found nothing wrong with testifying in that scenario. I assume both parties accepted my testimony uncontested (because I was surveyor #3 on site, found things as surveyors #1 and #2 described, but also found a partially buried and undisturbed marked stone 50' away from their recently ((30's & '50s)) set pipes) and they went on with the battle of the expert witnesses game using big name experts without my further participation.
Some subpoenaed posters above suggest using the "can't recall 'till I get paid" ploy while on the stand when asked any questions bordering on an opinion, or any questions whatsoever, then, bingo, answering in full once the financial arrangements are made *in the same session*. I suggest they are treading on thin ice because they have been sworn in to tell the truth, risking perjury or contempt of court charges. Much better is "won't answer until I get paid because that's an expert witness question".
It's complicated, when asked if the County Recorder's certified copy of your recorded survey is yours, after perusal if you're sure it's your survey, you're perjuring yourself if you "can't recall, that was six years ago." I find it difficult to believe most surveyors can't remember the gist of their six year old survey when staring at it on the stand, and "can't recall" labelling the "found IP, accepted" on their own map! Be truthful on the stand but bristle when asked an opinion question and notify the Judge of your concerns. The opposition should be objecting vociferously to the line of questioning if it is inappropriate. If the Judge screws up and tells you to answer an opinion question, "can't recall" doesn't cut it if truthfully you can recall quite clearly. Sorry you aren't paid for this "expert" tidbit, live with it.
Expert witness's purview involves higher order questions, such as which of these two surveys is more nearly the truth? Here's an alternate process (reliction vs. avulsion for example) that this surveyor didn't consider. They can refer to textbooks (hearsay) and offer opinions concerning them, in a limited way.
OTOH, if you're a pissed off subpoenaed witness being led down the primrose path and asked leading opinion questions, make it hard for them! I once was in the gallery where a land surveyor percipient witness was asked whether a blown up detail on his Record of Survey was his survey and he emphatically answered "No Sir, it is not! My ROS was 15 sheets of much more information than shown here, to scale, and contains many notes not shown on this blowup, was ink on Mylar, and had recording information on the first sheet." Needless to say he was ordered to stand down, and reappeared the following day where there was a certified to scale full copy of his ROS admitted into evidence, which he accepted as his Survey.
Any surveyor who ends up in the witness stand, as a lay or expert witness, should read Curtis Brown's treatise on the subject. A careful reading reveals even a land surveyor lay witness may be required to express an opinion (the "old" vs. "new" fence for example).
I find this thread distasteful. If you are subpoenaed as a lay witness concerning a survey of yours, do a basic review of it and show up to answer truthfully about the facts you know and accept the inconvenience as a part of what is one of the best Justice systems in the world. It's usually less than a half day of service.
http://www.lsacts.com/documents/THE SURVEYOR IN COURT_MP_CB_Article.pdf
Thank you very much.
Mike Marks, post: 391582, member: 1108 wrote: Sorry, that's unintelligible. Some {{unnecessary, offensive, and degrading word}} translation. I saw the original movie and the courtroom scene was profound.
Sorry, because the audio was Farsi or some other Middle Eastern language I could not hear it. Mea Culpa.
I disagree with Mike Marks completely in this particular scenario because of one key point. The problem does not appear to be Your Survey or Your Resolution As To The Location Of The Boundary Line. This is the key factor that I believe is the major point in this particular case.
Of course, if the primary question is a concern that you have made an error in your resolution, then we are treading in totally different waters. And the reactions on your behalf become a completely different scenario.
But if I am understanding the case, the question is not your resolution but a matter of the location of a septic system. You are being asked to give up your time to prepare, testify and provide your professional expertise in a matter that isn't a result of any negligence or substandard services rendered on your part. Therefore you should be paid, at least, the rate you would charge for any other work (just the same as you would for any field work, layout, office time or consultation services).
You are being asked to give up your time (either from work or family) that will, at a minimum, ruin one day that you could be working on another project or on vacation with your loved ones. The lawyer and clients way of saying thank you for that time is by insulting you with a check for $5.
I am not suggesting any lies, dishonesty or disrespect to the judge or the court. But if you are willing to be "rail roaded" by every person that crosses your path, you will not last long in this business (or you will be ate alive with ulcers from the stress you bring on yourself).
Mr. Browns writings are great for a surveyor being brought into court and is a great read. Another excellent source is Knud Hermenson (and I appologize if i am horribly misspelling his name from memory).
But again this doesn't appear to be a matter of a boundary dispute but a matter of a septic system location.
Lastly, I take offense that Mike would suggest this thread is in poor taste. The surveyor I have shared my story about was very respected within our community by both surveyors and the public. He practiced for many years and I had the good fortune of training under him, along with many others, in my 22+ years of being in the field. The surveyor I speak of was very polite, helpful and gave up many many days, weekends, nights, etc to those who needed his expertise (or questioned it). But at the same time, he understood the times we must stand our ground and demand the respect we justly deserve.
I find a surveyor to be distasteful if he is willing to miss a child's ball game, recital, etc for someone that is showing him total disrespect (by paying him, not $5/hr even, but a lump sum of $5) for a matter that isn't a result of any fault of his own.
North-Horizon, post: 391590, member: 11551 wrote: I disagree with Mike Marks completely in this particular scenario because of one key point. The problem does not appear to be Your Survey or Your Resolution As To The Location Of The Boundary Line. This is the key factor that I believe is the major point in this particular case.
Of course, if the primary question is a concern that you have made an error in your resolution, then we are treading in totally different waters. And the reactions on your behalf become a completely different scenario.
But if I am understanding the case, the question is not your resolution but a matter of the location of a septic system. You are being asked to give up your time to prepare, testify and provide your professional expertise in a matter that isn't a result of any negligence or substandard services rendered on your part. Therefore you should be paid, at least, the rate you would charge for any other work (just the same as you would for any field work, layout, office time or consultation services).
You are being asked to give up your time (either from work or family) that will, at a minimum, ruin one day that you could be working on another project or on vacation with your loved ones. The lawyer and clients way of saying thank you for that time is by insulting you with a check for $5.
I am not suggesting any lies, dishonesty or disrespect to the judge or the court. But if you are willing to be "rail roaded" by every person that crosses your path, you will not last long in this business (or you will be ate alive with ulcers from the stress you bring on yourself).
Mr. Browns writings are great for a surveyor being brought into court and is a great read. Another excellent source is Knud Hermenson (and I appologize if i am horribly misspelling his name from memory).
But again this doesn't appear to be a matter of a boundary dispute but a matter of a septic system location.
Lastly, I take offense that Mike would suggest this thread is in poor taste. The surveyor I have shared my story about was very respected within our community by both surveyors and the public. He practiced for many years and I had the good fortune of training under him, along with many others, in my 22+ years of being in the field. The surveyor I speak of was very polite, helpful and gave up many many days, weekends, nights, etc to those who needed his expertise (or questioned it). But at the same time, he understood the times we must stand our ground and demand the respect we justly deserve.
I find a surveyor to be distasteful if he is willing to miss a child's ball game, recital, etc for someone that is showing him total disrespect (by paying him, not $5/hr even, but a lump sum of $5) for a matter that isn't a result of any fault of his own.
And, I also thank you very much.
Mike Marks, post: 391579, member: 1108 wrote: It may no longer be the case but in Washington decades ago I was subpoenaed as a percipient witness in a dispute between two government agencies, one of which was my employer. Deposed in writing, two pages of questions, all fact based concerning the location and geometric relationships of several monuments, that I had prepared my fieldnotes in the field on a certain day, etc. No questions touched on my opinions concerning the significance of the monuments, which is the "true" corner, whether Surveyor #1 was a jackleg, etc. I was being paid my salary to review my records and fill out the deposition. I found nothing wrong with testifying in that scenario. I assume both parties accepted my testimony uncontested (because I was surveyor #3 on site, found things as surveyors #1 and #2 described, but also found a partially buried and undisturbed marked stone 50' away from their recently ((30's & '50s)) set pipes) and they went on with the battle of the expert witnesses game using big name experts without my further participation.
Some subpoenaed posters above suggest using the "can't recall 'till I get paid" ploy while on the stand when asked any questions bordering on an opinion, or any questions whatsoever, then, bingo, answering in full once the financial arrangements are made *in the same session*. I suggest they are treading on thin ice because they have been sworn in to tell the truth, risking perjury or contempt of court charges. Much better is "won't answer until I get paid because that's an expert witness question".
It's complicated, when asked if the County Recorder's certified copy of your recorded survey is yours, after perusal if you're sure it's your survey, you're perjuring yourself if you "can't recall, that was six years ago." I find it difficult to believe most surveyors can't remember the gist of their six year old survey when staring at it on the stand, and "can't recall" labelling the "found IP, accepted" on their own map! Be truthful on the stand but bristle when asked an opinion question and notify the Judge of your concerns. The opposition should be objecting vociferously to the line of questioning if it is inappropriate. If the Judge screws up and tells you to answer an opinion question, "can't recall" doesn't cut it if truthfully you can recall quite clearly. Sorry you aren't paid for this "expert" tidbit, live with it.
Expert witness's purview involves higher order questions, such as which of these two surveys is more nearly the truth? Here's an alternate process (reliction vs. avulsion for example) that this surveyor didn't consider. They can refer to textbooks (hearsay) and offer opinions concerning them, in a limited way.
OTOH, if you're a pissed off subpoenaed witness being led down the primrose path and asked leading opinion questions, make it hard for them! I once was in the gallery where a land surveyor percipient witness was asked whether a blown up detail on his Record of Survey was his survey and he emphatically answered "No Sir, it is not! My ROS was 15 sheets of much more information than shown here, to scale, and contains many notes not shown on this blowup, was ink on Mylar, and had recording information on the first sheet." Needless to say he was ordered to stand down, and reappeared the following day where there was a certified to scale full copy of his ROS admitted into evidence, which he accepted as his Survey.
Any surveyor who ends up in the witness stand, as a lay or expert witness, should read Curtis Brown's treatise on the subject. A careful reading reveals even a land surveyor lay witness may be required to express an opinion (the "old" vs. "new" fence for example).
I find this thread distasteful. If you are subpoenaed as a lay witness concerning a survey of yours, do a basic review of it and show up to answer truthfully about the facts you know and accept the inconvenience as a part of what is one of the best Justice systems in the world. It's usually less than a half day of service.
http://www.lsacts.com/documents/THE SURVEYOR IN COURT_MP_CB_Article.pdf
Mark,
I agree with you I would never say under oath sorry the only way I can remember things is if you pay me, and for a few dollars more I may remember things differently if the other side pays me more.
Being subpoenaed is a cheap move by the lawyer. I do like the approach of that sounds like an expert witness qualification question not a subpoenaed question.
Brad Ott, post: 391088, member: 197 wrote: Damn. So if I say something that helps one side win, then I could have some legal trouble with the losing side? So long good nights sleep.
Not quite. The party who engages you as an expert might have standing to sue you for negligence if they lose the suit and feel that they can prove that you are at least partially to blame for the loss due to negligence or incompetence on your part. The opposing party has no standing and you are shielded from suit by them.
If you've done your survey well, feel that you've covered the bases, and when you testify, stick to what you know or feel confident in offering an opinion on, making sure that you don't speak beyond what you're qualified by license and training to opine on, you should be fine. Take your time, think through your answers, say precisely what you mean.
First of all let me say that in over 35 years of professional practice I have never participated in a court case. Getting on the stand an playing games is not the way to approach this. Prior to going to court I would retain my own lawyer and ask that he write a letter to the court asking for clarification of the situation. Putting the judge on notice of the attorney playing games should resolve the situation. Hiring your own attorney will also put the attorney representing your client on notice that you could take legal action against him to recover fees if you are forced to testify as an expert witness.
