![]() ![]() (3) A reasonable fee for the professional services of an expert witness. (2) Reasonable compensation to a witness for loss of time in attending (1) Expenses reasonably incurred by a witness in attending or testifying. Member may advance, guarantee, or acquiesce in the payment of: Of compensation to a witness contingent upon the content of the witness' (B) Directly or indirectly pay, offer to pay, or acquiesce in the payment ![]() (hereinafter "rule 5-310(B)") neither expressly prohibits paymentįor a non-expert witness' preparation time, nor expressly permits it. Rules of Professional Conduct ( Prohibited Contact with Witnesses) The issue is one of statutory interpretation. May an attorney pay a non-expert witness for the time spent Attorney wishes to meet with Witness, have him reviewĭocuments and notes and otherwise prepare for a deposition and possiblyĪ trial and, if necessary, ask him to testify. Witness has detailed knowledge of events occurringĭuring the period in question as well as some notes that are relevant toĬompany's defense. Years by Company, including the time period covered by the litigation,Īnd is now retired. STATEMENT OF FACTSĪttorney represents Company in the defense of an environmental litigationĪrising out of its prior ownership of land. Rule 5-310(B) of the California Rules of Professional Conduct. Last earned, if currently unemployed, or what others earn for comparable The witness' normal rate of pay if currently employed, what the witness Possible bases upon which to determine reasonable compensation include The content of the witness' testimony or on the outcome of the matter. Reasonable in light of all the circumstances and cannot be contingent upon Of rule 5-310(B) of the California Rules of Professional Conduct.Ĭompensation for preparation time or for time spent testifying must be May an attorney pay a non-expert witness for the time spent preparingįor a deposition or a trial, even though such preparation does not causeĪn attorney may pay a non-expert witness for the time spent preparingįor a deposition or a trial, but the attorney must comply with the requirements PROFESSIONAL RESPONSIBILITY AND CONDUCT FORMAL OPINION NO. There, you can also link to the text of the current rule. Please refer to the California Rules of Professional Conduct Cross Reference Chart for a table indicating the corresponding current operative rule. State Bar Ethics Opinions cite the applicable California Rules of Professional Conduct in effect at the time of the writing of the opinion. ![]()
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