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I am an expert witness in a medical malpractice case in Arizona. Plaintiff attorney owes me 1,300.00

Jackson, MI |

Has not responded to all efforts to collect. Defense owes me additional 1,000, plaintiff has informed them they have not responded. Court 12/13. Deposition given want to send demand payment letter to include what defense owes me informing him if not received by certain date will WITHDRAW as his expert. Can I do this? Can I inform him I am withdrawing under these circumstances? No written contract. Have never had one in 17 years

Attorney Answers 5

Posted

More information is needed and this is really a contract question.

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Posted

Bird dog him incessantly. Squeaky wheel gets the grease.

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Posted

Hound him for the money

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Posted

Let this be a lesson . . . ALWAYS PUT IT IN WRITING. Good luck.

My answers to questions are for general purposes only and do not constitute legal advice or establish any attorney-client relationship.

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Posted

I don't know hat the controversy is. If you don't get paid, you have no obligation to appear. At least that's the way it would work in New York. Now, if I could get an expert for $1300 in a med mal case, I'd hand deliver the check. My word! NY experts are ten times the money--no exaggeration. I might even buy dinner at a fancy restaurant.

I am a co-author of WEITZ ON AUTOMOBILE LITIGATION: THE NO FAULT HANDBOOK. The opinions expressed in this answer are not intended to be taken as legal advice. These opinions are based on New York practice. I may be contacted at 212-553-9300.

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3 comments

Elizabeth Taylor Herd

Elizabeth Taylor Herd

Posted

In Florida we could never make an expert appear, unless appointed by the Court.

Andrew Lawrence Weitz

Andrew Lawrence Weitz

Posted

makes sense to me! we don't depose experts in ny unless its a federal case, and even then, not always.

Elizabeth Taylor Herd

Elizabeth Taylor Herd

Posted

Reading too fast I thought you said there was a requirement in NY. Mad experts = lost case.

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