I concur with the replies to Hotch's questions.

I too believe that the subpoena has to be delivered by an official and into 
your hand - that has been my previous experience.  Without that, how can 
they say you have received it?  Also - no conduct money, no go.

In 15yrs of medico-legal work, I have had many interesting discussions 
about court attendance, but only ever had four subpoenas.  The last one 
enraged me, having agreed to appear at the correct time and place.  The 
solicitor told me that he had been lead to believe it was being helpful - 
and had previously been asked to do this by medical witnesses.  Apparently, 
in child abuse work it may be the only way that a hospital consultant will 
be permitted to have a day away from being an underling of slave-driver 
health trust inc.  Likewise the very part time experts sometimes recruited 
from local hospitals (orthopaedic, A&E) - all competent doctors but 
medico-legal virgins.

The solicitor was quite taken aback by my complaint at his behaviour. 
 Especially the suggestion that a subpoenaed witness could not be compelled 
to give an opinion.  The outcome?  I attended court, and gave an opinion. 
 Sadly for the solicitor, it was not in favour of his client.

P.S. Is anyone else out there tired of making a loss when called to give 
evidence at Court by the Crown Prosecution Service.  Rates of compensation 
are about 80% of the cost of locums here (if available at all).  The 
disruption caused to my day is worth twice the current fees, plus the locum 
cost.  There appears to be a general rule not to engage Doctors as Experts 
(costs more than a Professional witness) but then treat then as such by 
requesting very detailed opinions when in the box.

Bill Beeby
GP - Middlesbrough UK
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-----Original Message-----
From:	Declan Fox [SMTP:[log in to unmask]]
Sent:	Thursday, January 29, 1998 9:33 PM
To:	INTERNET:[log in to unmask]
Subject:	Re: conduct money

naughty solicitors!!
<< Anyway, the letter this time says "We enclose a subpeana
>   [sic] for your attendace together with a cheque for
>   20 conduct money.">>

They call that a "viaticum" here---an old legal custom designed to stop the
victim using lack of money for transport as an excuse for not turning up.

I thought that the subpoena had to be delivered personally? At least that
seems to be the routine here in NI. If you find this disgusting behaviour
(and I certainly do) I suggest you write to the solicitor indicating this,
also that this is likely to affect your professional relationship both for
this case and future cases, finally that you are writing (NOT
threatening--do it) to the Bar Council for their advice on this sort of
thing.  I have taken it up with solicitors here and they have been polite
enough about it, saying that they wanted to make sure I attended. Since
they were quite willing to pay my fees---even a locum fee where the case
was cancelled at short notice--I let them off with that.
But there is a bigger problem here which is that a small number of
solicitors seem to treat us as some sub-human species because we are "only"
GPs. They wait months maybe for a specialist appointment and report, they
pay maybe ?300 for same (I think that's the going rate here) and they never
say a word about it. We have seen discussion before on various smart moves
to get the notes cheap and maybe it is something that the BMA group which
deals with private fees could take on.
For my part, if I get requests for any more medico-legal reports it will be
cash in advance or sorry no can do.
Declan


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