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Cliff Mugnier
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Bring four copies of your resume with you. One copy for the opponent, one for your attorney, one for the Judge, and one for you. Sometimes the opponent will want to oppose you being qualified as an expert if you have never testified in a Louisiana District Court. When that happens, there will be some questioning and then the Judge will get annoyed and just declare you as being accepted as an Expert. Once you have been accepted in ANY District in Louisiana, that likely will never happen again anywhere in the State of Louisiana. (Last time I was grilled on qualifications was back in 1978.) It does happen rather frequently during depositions, though ... just rarely in Court if there was no deposition.

More baloney and arguments will occur in Orleans Parish Civil District Court than anywhere else in the State. Rural parishes are far more relaxed and informal UNLESS it's an Oil and Gas case involving hundreds of millions of dollars in royalties. When that happens, the level of baloney and objections, etc. are in direct proportion to the number of zeroes in the property value.

Sometimes, after a lot of arguments and harranging, when it's time to cross-examine you ... the opposition will have no questions. That's when your client should understand that it's time to start smiling.

Put brain in gear before engaging the clutch for your jaw. They are NOT in a hurry to get your answer ... THINK.


 
Posted : October 5, 2010 3:04 pm
Daniel S. McCabe
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Thank you.


 
Posted : October 5, 2010 3:46 pm
Mike Falk
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It is best to win the case before going to court. Do what you can to make that happen. I believe in billing for prep time. Court time is for people that cannot win beforehand.


 
Posted : October 5, 2010 7:50 pm
DeletedUser
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Sometimes it is totally out of your hands as far as the trial is concerned.
I have been to Orleans Parish District Court both as a court appointed surveyor and as an expert witness. Sometimes it has nothing to do with the boundary dispute but is usually a pizzin' contest between neighbors or opposing attorneys or in this case as Dan makes mention of relatives.
Sat for 3 hours as the parties settled on the day of trial in the judge's chambers before the trial.
Get paid a minimum (4 hours) plus fees for any documents you prepared and make sure everyone is on notice.
Rates should be comparable to attorney's hourly fee. If you want to get paid like an attorney, you should dress like one also..


 
Posted : October 5, 2010 9:32 pm
Steve Gardner
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I was recently called as an expert witness in a criminal trial, a first for me. I was to testify about the location of a 2"X2"wooden stake that my client tripped and broke off that the neighbor was claiming violated a restraining order to stay off of his land. The part of the land the stake was on also happened to be in my client's road easement across the neighbor's property. I dutifully showed up at the courthouse and sat in the hall while the DA and my client's attorney negotiated a settlement resulting in an extension of my client's probation from a previous judgment. I got paid my 1/2 day fee of $900 without saying a word in court.

I had offered to go to Home Depot and buy the neighbor a new stake but the attorney was not amused by that suggestion.


 
Posted : October 5, 2010 11:57 pm

Daniel S. McCabe
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Thanks guys.


 
Posted : October 6, 2010 6:05 am
Daniel S. McCabe
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Well, I just got back from my meeting with my client and his attorney.
I am being called in as an expert witness and they agreed to my requests, which were all made as per suggestions in the thread.
I will give a better description of the case when I can.
Thanks for all of the help.
DSM


 
Posted : October 6, 2010 1:35 pm
Paul Plutae
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> I had offered to go to Home Depot and buy the neighbor a new stake but the attorney was not amused by that suggestion.

Hahahah It amused me Steven


 
Posted : October 6, 2010 3:42 pm
David Absher
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thanks Cee Gee, great point!

They keep you on a string and then expect to pay just when you're at bat. Each minimum period of time that they occupy your office - in whatever state - the meter is running.

thanks,
dla


 
Posted : October 7, 2010 10:50 am
Daniel S. McCabe
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I just got a call from the client.
WE WON!

Funny thing is, I was thinking about it this morning and gave the attorney a call, but had to leave him a message.


 
Posted : November 12, 2010 11:00 am

Kris Morgan
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Cool buddy! Hope they pay the bill.


 
Posted : November 12, 2010 12:20 pm
Daniel S. McCabe
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They paid it when we walked out of the courtroom.


 
Posted : November 12, 2010 2:00 pm
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