Follow Prof. Cliffs advice. Each court is different on this issue. You probably could go to their web page and get court "rules", but better to call. Then go from there with better information. Very jurisdictional specific and disagreements even within jurisdictions on what they mean.
I attended a panel discussion at a surveyors conference once where they had high court and lower court Justices and Judges. They are much like surveyors. The lower court Judge insisted a surveyor must testify and answer expert questions if subpeonaed and he was willing to jail them if they did not answer. The Justice said fine, but I'm letting him out if you do, and he shouldn't answer the question.
Best to find out how the court feels and straighten it out with the "client". They probably really don't want to lose and might be subpoening you in order to show that you are reluctantly taking their money to testify. Could be a thousand other reasons too. Find out.
Excellent advice from Mr. Frymire.
As for being "forced to testify" that one is really easy. Every code of ethics I have seen requires that we give "Professional Opinions" only when we have taken the time and done the work necessary to familiarize ourselves with all the relevant facts. In this case Mr. Willis indicated the client had not instructed him to proceed with that work so he has not done that work.
"I can not express a Professional Opinion because I was not asked to do the work necessary to form such an opinion."
Based on what Frank describes that would be my answer to every query that called for a professional opinion.
Larry P
True, but the problem is he submitted a bill. So, what was it for? He must be able to answer to some degree on what he did. Otherwise he can't claim nonpayment for a professional service. Dicey situation. Is there a contract? Could be looked at as an anticipatory breach, in which case he must give the client a chance to cure by paying. Depends on lots of things we don't know and lots of jurisdictional specific law. Communication is key here, and if they drag you into court on vacation I hope it's going to cost them an experts fee and then some. 20k is fairly typical for the day in similar circumstances. Court would not have a problem with that. Heck, maybe it's worth postponing vacation.
> True, but the problem is he submitted a bill. So, what was it for?
Some work, not complete work. Frank said his report was clearly labeled Preliminary. After the Preliminary work he was never asked to finish the work.
>He must be able to answer to some degree on what he did.
Yes, your honor, I did some work. But I did not finish the work and have not met the standard required to form a professional opinion.
>Otherwise he can't claim nonpayment for a professional service.
I think he is entitled to be paid for what work was done whether the project was completed or not.
>Depends on lots of things we don't know and lots of jurisdictional specific law. Communication is key here
Agreed.
Have a great week.
Larry P
I would think you have a 'right to be paid'.
Hijack
I signed up for a KAPS hosted seminar to be presented this Friday based on the subject matter looking very interesting. I did not pay attention to the presenters name at the time.
It is presented by a Frank L. Willis, PhD, PE, PLS. The same Dr. Willis as well?
I'm really looking forward to the seminar. The titles of the morning and afternoon sessions alone looked good. Now I know I can expect an excellent presentation as well.
Update for Tommy Young
I just went to Dr. Willis' presentation on Friday in Kentucky.
His presentation was in the top 2 seminars I have ever attended and it would be a very tough choice as to which of those two rank as best.
The morning subject was a case involving the retracement of a parish line in Louisiana. Some of the information he went over was outstanding as to the lengths he went to achieve the answer to the puzzle of where is the line. I expect that survey could very easily make an 8 hour presentation on its own.
The afternoon session was more technical in nature. He demonstrated a miniature helicopter that he uses for some work. He mounts a camera and is able to accomplish some pretty cool and time saving work. The photos are combined in a particular software package for processing. Some really neat things that I could see being very valuable (esp. for engineering companies).
It appears that Dr. Willis will be at the Kentucky conference in February with another boundary case to discuss. I expect that there will be further very useful information presented. I plan to try and make it to that course as well.
My opinion - definitely try to make time for his course at the TAPS conference.