should you get paid to testify?
Quote: vert1276Here is my dilemma.....I was an economist putting values on CDO's for WaMu(one of 38 in that department).....they have been sued by everyone under the sun in the last 2 years it seems...Including the federal goverment......So here is my question...I have missed about 20 days worth of work in the last 2 years giving testimony......shouldn't someone have to pay me for this? Now there is a NEW class action against WaMu and I got a letter form the law firm heading the class action...that I may have to drive to a law firm is Seattle(very close to my current workplace though so that's good) to do 2 days of testimony.....This is complete horse crap!!!!!!!
You can ask, but they may not help. A company I worked for was sued and it dragged on for over 5 years due to the plaintiff firing one lawyer and another losing his office in the 9-11 attacks. It was not my fault but I was first manager to see the work after it was done. I left the company knowing the case was open and I might be called. A year later his lawyers tracked me down. I refused to talk without my (old) company lawyers as I was under confidentiality. My old company said they would pay me if I was deposed. I never was.
My advice is to call BoA and tell them what is going on and it would be in their intrest to offer you some compensation. Steer clear of a Soprano's "be a shame if I forgot to say something ont the stand" statements of course.
Quote: FleaStiffDepending on the court and the distance involved a witness is usually entitled to a witness fee. Often its 35.00 fee plus mileage allowance for a federal court case. Its a modest amount. Have you actually been served with a subpoena requiring you to attend a deposition or is the law firm merely sending you a letter asking you to appear?
So far just a letter telling me that I MAY need to appear.....This will be my 5th case in a little under 2 years LOL.....They well just do what the others did im sure....Have some Seattle law firm take the testimony from me......I will be accompanied by a Chase in house lawyer(same as before im assuming)......The only one I had to travel for was the Federal case......But still I have to use a PTO day which is total BS....
Aren't "Expert" witnesses paid for their time & expenses?
I'd think that if you're testifying in a case where your employer or former employer is a party to the suit, then at the very least, you should be paid at your regular salary rate, plus expenses.
But that's assuming you're just providing evidence. If you're potentially one of the accused, then it's a different story, although I really don't know how different.
And if the former employer is out of business, I'd think that you'd get paid from the same source that is paying the lawyers: The insurance company.
Quote: vert1276Here is my dilemma.....I was an economist putting values on CDO's for WaMu(one of 38 in that department).....they have been sued by everyone under the sun in the last 2 years it seems...Including the federal goverment......So here is my question...I have missed about 20 days worth of work in the last 2 years giving testimony......shouldn't someone have to pay me for this? Now there is a NEW class action against WaMu and I got a letter form the law firm heading the class action...that I may have to drive to a law firm is Seattle(very close to my current workplace though so that's good) to do 2 days of testimony.....This is complete horse crap!!!!!!!
Just to be clear, you're testifying as a fact witness about goings-on at a former company, causing you to miss work at your current company, right? I believe opposing counsel (the one sending you the subpoena) is required to pay you, but please confirm this with a trial attorney.
Quote: DJTeddyBearI've never really thought about it, but you have a point.
Aren't "Expert" witnesses paid for their time & expenses?
I'd think that if you're testifying in a case where your employer or former employer is a party to the suit, then at the very least, you should be paid at your regular salary rate, plus expenses.
But that's assuming you're just providing evidence. If you're potentially one of the accused, then it's a different story, although I really don't know how different.
And if the former employer is out of business, I'd think that you'd get paid from the same source that is paying the lawyers: The insurance company.
Well im not getting sued in any way(thank god lol) But just being called for testimony......All these law sues are the same and they always fail...they are they are former stock holders suing becasue they say our "book value" was falsely inflated due to the people in the department I worked in marking CDO's WaMu held look more attractive....becasue we were "marking them to model" instead of "marking them to market".....I dont even know how these law suits get heard in the first place a judge should just throw them out.....Im an economist for a private equity firm now......I look at companies books all the time(that's what I do) and some companies will value just an "idea" at 20 million...that increases their "book value"...no one is suing them then the CV money goes down the drain becasue that "idea" turned out to be worth 10 cents....
Quote: DJTeddyBearAren't "Expert" witnesses paid for their time & expenses?
Very handsomely, yes, but it sounds like he's a fact witness in this case and, but for the subpoena, would choose not to get involved. I don't actually know the answer, but I've got an email in to a few litigators I know.
Quote: MathExtremistJust to be clear, you're testifying as a fact witness about goings-on at a former company, causing you to miss work at your current company, right? I believe opposing counsel (the one sending you the subpoena) is required to pay you, but please confirm this with a trial attorney.
Well maybe I have just been missing out...In the past I have been paid for millage....(like 6 bucks since I live in Seattle and the law firms I give the testimony too were in Seattle)......I was also given a pre paid CC with $35 a day on it for every day of testimony I was to give(in most cases 2 days)...I can only assume this is for food.....But no where even close to the $520 a day I lose by using a PTO day
Quote: DJTeddyBeararen't "Expert" witnesses paid for their time & expenses?
Yes, but they have one or two abilities: 1) knowledge and expertise that's rare, like an expert on a psychiatric disorder and/or 2) the ability to amke the jury believe what they're selling, be it legitimate or not.
On the other hand anyone can describe to a jury what they saw or heard, as a statement of fact. They just hapepned to be there.
Anyway, I believe witneses whould be paid thei average hourly wages for the time they take to testify. I also believe jurors should be paid a lot more for their time, too. Imagine taking time off work for days, weeks or months at a time to hear the OJ saga in court. For some people that could be worth, litreally, millions of dollars.
Don't complain to the jurors...Quote: vert1276....But no where even close to the $520 a day I lose by using a PTO day
Quote: heatherSure, the expert could be subpoenaed, but that would then cost the litigant eight hundred dollars or more in legal fees. So they end up having to testify as to what their doctor told them, and just hope that everyone takes their word for it.
Can you subpoena someone for a lawsuit?
Anyway, can't the litigant present an affidavit by a doctor? How about a taped deposition? (yeah, I watch lots of lawyer shows).
Burning PTO *and* not getting paid is a double whammy.
Quote: DJTeddyBearDon't complain to the jurors...
Jury service is a civic duty. Being called away from work so you can help someone else make their case is not.
If vert1276's testimony can reasonably be considered to be expert testimony then under the Federal Rules of Civil Procedure he is entitled to being paid:
http://www.law.cornell.edu/rules/frcp/Rule26.htm
Quote: Fed Rule Civ Pro 26(b)(4)(C)(C) Payment. Unless manifest injustice would result, the court must require that the party seeking discovery:
(i) pay the expert a reasonable fee for time spent in responding to discovery under Rule 26(b)(4)(A) or (D);
"Reasonable fees" are often similar to attorneys fees, or in some cases greater.
I don't know if similar rules apply to fact witnesses, but I'd think he could always demand fair compensation or decline to appear (but IANAL so check with one). The court system is supposed to be about reasonableness, and it is not reasonable that someone who happens to have specific knowledge should be compelled to retell it over and over, at a lost-labor cost of over $10,000, without being fairly compensated for his time.
My own personal favorite was when I was supboened by an obnoxious lawyer (one of those "I am smarter than everyone else" types) in a frivilous lawsuit against a former client of mine as a factual witness. You should have seen this jerk when the defense qualified me on the stand as an expert and destroyed his case. After numerous objections, the judge basically told him that I was on his witness list and it was his choice to call me to the stand without doing a more diligent job of deposing me beforehand.
I was paid the $50 by the prosecution and my fee by the defense.
I talked to Chase this morning as well........They were pretty much dicks LOL....and just said "read your severance agreement".....I dont even have it anymore LOL......I'm gonna have to get a copy of it from them I guess....Sent and email off to HR at Chase.....
I only worked for Chase for 8 months...When WaMu went into receivership and FDIC took over(becasue WaMu didn't get any TARP money...but that's a rant for a different thread)....The FDIC immediately sold WaMu to Chase......And in agreement to stay during the "change over" we would be paid our normal salary for up to 8 months...and received 4 months salary for every year worked caped at 48 months......I got 32 months which was a really good deal and seemed overly fair...If we all would have walked they would have been screwed.....SO I guess I should have read better what I signed LOL....Oh well I guess I'm destine to do free crap for Chase for the next 100 years LOL.....
