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.

There are now two rates as far as the CPS is concerned.  If you are
attending as an Expert then you must negotiate your fee with CPS before, on
the basis of itemised time spent in research.  If you have to go to the
library and look something up, and then give an Opinion, you can claim
reasonable fees.

However if you are only going to give evidence of fact you cannot claim
Expert rates.  Make sure that you aren't drawn in to giving an opinion
unless you really know your stuff. :-(


Dr GM Trowell
Highbridge Medical Centre
Highbridge
Somerset  TA9 1JP
01278 783220

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Highbridge - a cemetery with lights
-----Original Message-----
From: Bill Beeby <[log in to unmask]>
To: [log in to unmask] <[log in to unmask]>
Date: 29 January 1998 23:13
Subject: RE: conduct money


>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
>(SMTP) [log in to unmask]
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>Fax 01642-270055   PGP key available.
>
>-----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
>