Don't take experts from strangers; be leery of consultants charging contingency fees for finding expert witnesses
Article Abstract:
Issues are discussed regarding the ABA opinion condemning the use of consultants charging contingency fees for finding expert witnesses. The ABA Model Rules of Professional Conduct on which this opinion is based are also discussed.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 2000
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Witness the distinction; compensation for time cannot be fee for testimony
Article Abstract:
Fact witnesses can receive payment for preparation time and reasonable expenses, if such payment is also reasonable and size of payment and basis are disclosed. According to ABA Model Rule of Professional Conduct 3.4(b) notes that the common-law rule in most jurisdictions prohibits payment for testifying but allows being paid for expenses. ABA Ethics Opinion 96-402 construing this rule states that fact witnesses can be paid for preparation time, but not as an inducement to tell the truth and not for the substance of their testimony.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1998
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Who needs to know? When reporting lawyer misconduct, just telling the judge isn't enough
Article Abstract:
ABA Model Rule of Professional Conduct 8.3(a) states that attorneys learning of colleagues' misconduct have a duty to report such conduct if it raises a substantial question as to the colleague's honesty, trustworthiness or fitness. Most of the case law focusing on this reporting requirement focuses on when the attorney has knowledge and what kind of conduct must be reported. Only a few jurisdictions have amended their version of Rule 8.3 to specify the recipient of the misconduct report.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1999
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