The owner of some property that I surveyed has problems with his neighbor. The neighbor is of the most insane opinion that he owns the road. Not once, but twice this neighbor has blocked the owner's driveway with huge boulders. Although the neighbor's land was surveyed and agrees with my findings the neighbor continually harasses everyone about this idea that he owns the road.
Now he has hired an equally insane attorney in his defense and that attorney has called me with "question" which means he is on a fishing expedition to find a flaw or some other words that he can use in his attack.?ÿ
My opinion is clearly stated on the map of the survey that I recorded. Any information that he gathers from me will be used to build a case against me. I don't believe for a minute that he would listen to reason based on the actions of his client.
Should I talk with him and bill him for my time? Or, should I just ignore him? Nothing is going to stop this mad dog. I had thought of telling him that he should talk with the surveyor of his client's land and not me. He and his client's are bullies.?ÿ
If the Attorney is trying question you to find flaws, or build a case against?ÿ you, I would tell him to send a list of questions he would liked answered to my attorney. I will answer them and send them back to my attorney to review them, then he can send them to you.?ÿ
However if you can tell the attorney where to find the information that the road is public, which deed or Plat, to show him he has no case, its always nice to be able to end things quickly.?ÿ?ÿ
Me:
Thank you for your inquiry. I would be happy to review the project and my findings with you.
My consulting rate is $xxx.xx/hour.
Please sign and return the enclosed work order and I will schedule an appointment.
P.H.Ehlert, PLS
PS: send a copy of the above to Client and the other Surveyor, and your Atty too if it worries you
It is possible that the neighbor owns the fee under the road, so what? Be prepared to defend your client's right to use said road.
If I were sure of my opinions, I would talk to the sheriff.
Paul in PA
You have a few choices.?ÿ
1. Hire an attorney and have him respond. Stop all direct communication.
2. Answer him in what seems like a smart manner, providing him a toehold on your assets.
3. Ignore him until he forces you to revert to option 1.
If the attorney signs your agreement, he is either very dumb or very, very smart. You can't afford to find out which is true. Hire an attorney.
"RE: Should I talk to an attorney?"
I wouldn`t yet.
But I would tell the madman's attorney you will provide consulting services for $395/hr. applicable any questions about your survey. I learned very quickly at a young age not to put up with any crap from an attorney. I'll treat you as you treat me, and I have no problem telling an aggressive counsler to go F himself.
Being serious here, this could actually be part of a common technique.
If an attorney is slick, he will isolate his expert by making him the only one available. He can do that by calling potential experts and talking about the case. Prior knowledge is a standard disqualifier. He may also ask seemingly basic questions, only to use your answers at trial to prove you are not qualified.
There is very good money to be made in expert testimony and it is fascinating work. I have found that success requires a good bit of knowledge that you wont get by surveying.
Have your attorney structure an agreement that protects you. That will be highly jurisdiction specufic.
Good luck. .
I don't think I'll be talking to him. He has no case against me. His client does not own the road. His client's surveyor that he hired in 1986 shows the same boundary as on my map. There is no way that I am going to talk to him. I suspect he is just trying to intimidate me or twist anything I say to what fits his insane view of the situation. If he wants to talk with a surveyor then he should hire one or talk with the surveyor who did the work for his client in 1986.
?ÿ
Exactly, the entire explanation is on the survey map.
@flga-pls-2-2
agreed. The consulting rate would obviously include the fee needed to have Your Atty at the table.
Why are you concerned about your former client's problems with a belligerent neighbor??ÿ Your survey stands as your opinion concerning the location of the road and is the deliverable he paid for, not your involvement in a post survey dispute. The attorney is way out of line even approaching you for questioning.?ÿ I'd (politely) ignore him and not agonize over your client's problems.?ÿ The proper venue for the attorney to question you is in the courtroom; make him follow protocol?ÿ if?ÿ he wants to obtain your testimony.
Is it ethical to charge the other guys Attorney? I am all about getting paid for my time and professional opinion, however this seems like it could be a conflict of interest.?ÿ I would never answered question that are not on the Survey, without my clients Attorney present.?ÿ
Yeah, I was just joking about getting paid because I know he is getting paid by his client to harass me.
That attorney is working and billing his client by the 1/4 hour for his calling time and will use anything you say to chip away at your survey to build his case against you.?ÿ
You do not have to talk to him at all or answer any question without being compensated for your time.
Tell any opposing attorney that you can not talk to him without your client and his attorney in attendance and that you will be recording this call for future reference if he wants to continue his conversation and repeat that you can not talk about the survey.
Your survey is recorded in the public records and will speak for itself.
I would never answer questions from the opposing attorney unless I had been subpoenaed to appear in a court to give my testimony for any reasons of how and why I made the decisions that resulted in where I set monuments or any other thing to do with the survey.
My answer would be that my survey is of record and is what it is and not give any other explanation and say goodbye and hang up every time called and repeat as many times as necessary.
Then call your client and inform them of the call and convey everything that was said.
?ÿ
To be honest I dont know the answer if it is ethical or not, I am looking for an answer.
I think the summation from A Harris is best. You should not talk to the opposing attorney without the client and the client's attorney present. Personally, ethics has nothing to do with it, but, it would be foolish unless it were 1) in court, or 2) in mediation with a third surveyor. I can't imagine that happening because the two surveys are in agreement.
If the plaintiff's attorney moves forward with the case, he may decide to obtain a subpoena in order to depose you as a fact witness. Depending on the state in which you reside, you may be eligible for either a statuatory fee or compensation for expenses and loss of pay.
The above statement is not intended as legal advice.?ÿ The respondent is neither an attorney nor a licensed professional surveyor, and is not responsible for any errors or omissions.?ÿ The original poster should consult a licensed attorney in his or her state to get a professional opinion.?ÿ If this message is received in error, the reader shall completely disregard the entire content of this message.
