How does your firm handle billing when one of your attorneys is deposed as a fact witness regarding a client transaction that ultimately did not close? Client is not a party to lawsuit. It’s a dispute between the selling parties. Do you charge the client for the attorney’s time preparing for and attending the deposition, as well as for the litigation partner who represents the attorney in connection with the deposition?

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Posting as :
works at
You are currently posting as works at

Is the client paying you to provide a service?

If you subpoenaed me as a fact witness, would you pay for my time to prep and attend? (Yes, there’s a de-minimis statutory fee and mileage reimbursement, but that won’t even cover a 2 beer lunch, so I’m not counting it)

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