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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I wouldn’t charge the client.

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No way. You’re a fact witness. Would you charge the client if you found yourself in voir dire as a potential jury member on that case? Pretty much the same situation.

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