I've just tagged on to the end of this thread. I know Hotch's original
enquiry related to a minor civil matter (County Court), but it is probably
a greater problem in criminal matters.  I gave up crime a long time ago for
the same reasons....the criminal Legal Aid system has been guilty of
obtaining  vast quantities of professional time, both from lawyers and
doctors, at rates so low in proportion to their true worth as would be
taken by most courts as evidence of "knowledge" in a case of handling
stolen goods. "The medical expert fell off the back of a lorry, M'lud".

So, after many years "going straight", these comments are unreliable. But, as
others have pointed out, the issue is simply whether or not you are a
witness as to fact or as to expert opinion.If the former, then you are not
paid to consider the matter beforehand, review the evidence and provide an
opinion etc.Just check your facts about visits of the patient to your
surgery and refuse to answer any questions on opinion. However, make that
absolutely clear beforehand to the solicitor,and your patient. Don't forget
that any opinion you give is for the benefit of the court and you can
reasonably insist on prior instruction before carrying out such an onerous
task. Also, if a barrister has been instrcuted, make this clear to him
beforehand at the conference (if you are allowed the luxury of one). He
might persuade the solicitor to come to a rapid agreement at the last
minute to pay for that opinion that sudddenly floods your brain. Remember,
you can never be required to give an opinion only your recollection of
facts.

Subpoenas are normally only used in cases where there is some doubt, because
you have not been formally, and contractually,  retained, that you may not
turn up, or you are not sufficiently "free" to give evidence that you
prefer  to be required.

It is the first golden rule of advocacy that you never put someone in the box
if you do not know what they are going to say.

I think the advice is to ring up your solicitor and put to him the limits to
how you can help without full expert fee. If he does not agree, explain
that you must set this out in writing and , as his client is your patient,
to avoid misunderstanding, will copy it to him. That just might make him
think again about trying to enlist  your services on the cheap! 
*** Sent using unregistered version of MailCat for Win32
Graham Ross
Solicitor
Ross & Co
Liverpool, UK
+44 (0)151 284 8585
+44 (0)151 236 6035-fax
ALeRT:-http://www.alertuk.com





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