DILEMMA......

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BANNED4LIFE

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i get a call this morning from a sd lawyer who is representing THREE mfg's in our industry defending them in three different cases against them that I feel are all UNJUST, these cases could change our industry, kinda like the MDR crash did, and he is looking for credible expert witnesses on their behalf.....im obviously inclined to help.....here is the problem: this SAME lawyer owes me $5000 from YEARS ago and wont pay me.......yes, now you see the dilemma.....what do i do???
 

retroblazer

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Does he owe the cash for the same thing you're being asked to do now?


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drofmij

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Depends on what is more important to you... money or principle
 

BANNED4LIFE

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mgobaja

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Explain that your " Expert witness fee " is whatever is owed to you, and you need that paid prior to giving any testimony.
 

BANNED4LIFE

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Depends on what is more important to you... money or principle
EXACTLY....but my principles tell me NOT help assholes that owe me money......and refuse to pay, and make up fake stories etc etc....he KNOWS he owes me the money, so he is DESPERATE obviously to call me for help....
 

retroblazer

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We like self promotion, it generates content.


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BANNED4LIFE

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Explain that your " Expert witness fee " is whatever is owed to you, and you need that paid prior to giving any testimony.
i listened for an hour and gave my opinion on all three matters and then told him i will not speak to him on phone or in person or email anymore until his PERSONAL debt to me is paid....he then sent a text sortof asking if the $5000 was paid would i testify for his clients......i explained that the matters are SEPARATE, and there will be no more from me until its paid........but i REALLY would like to help due to the seriousness of these cases to our sport.....hence DILEMMA....
 

JDDurfey

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Here is a question I would ask said lawyer, "How much money are you charging the client? How much are you getting out of defending a case that could impact our sport?"

How I responded to the situation would be based on that answer. If he is charging full "pop" for his services then I would demand payment. I might even go so far as to contact the client and explain your reason for not wanting to get involved. If your testimony is that relevant to the situation, then the client could put pressure on the lawyer to pay his debt to you.

If the lawyer is doing the case pro-bono for the good of the sport then I might be inclined to help even though the jack wagon owes me money. But I would verify that he is working for free or a massive discount and not take him at his word since he already stiffed me. "Trust, but verify"
 

AZ7000'

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If I'm an attorney, the last guy I'd want as a witness for my clients is a guy that has a problem with me...unless you are somehow involved in the case beyond being an expert witness.

It sounds like a prank phone call, don't give them your social security number.

#somethingsmells
Or would the testimony of someone you personally don't see eye to eye with prove to be more credible? The witness is doing it for the good of the sport/humanity and not just a(u un)paid expert for the defense?

Pretty sure not a prank....
 

JaysinDesignz

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$10grand and case closed. My fee is 16% for coming up with the genius plan.
 

Mark Newhan

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Be the bigger man. Do what think is right. Not doing something noble for the industry because you have unfinished business isn't productive.
 

retroblazer

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My vote is with Mark. And now that you've shown your hand, you'd look like a schmuck if you didn't.


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bajaxp

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Pete...if he paid you the $5k, as he said he would prior to the deposition or whatever, then YOU just helped the off road community with your knowledge...gratis, wouldn't that be a 'win' for all involved?
 
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Be the bigger man, Pete.
 

BigBlue&Goldie

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At the end of the day, I doubt this lawyer is working pro-bono, so I'd want the $5k owed plus a fee for your time. If you want to help the businesses for the betterment of the industry, give them the fee you collect back after the cases are settled. Clearly the guy has no ethics if he hasn't paid you; are his clients aware of this?
 
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