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Bad Expert Witness

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ChrisParke

Junior Member
What is the name of your state? NH

I have a problem with a contractor who went to court for me as an expert witness. I was being sued by and countersuing another contractor. This "expert" was hired by me at the last minute and I did not know much about him. Although I repeatedly asked him to do so, he did not prepare for trial at all. He did not submit the documents needed to prove he was an expert in his field and he did not do any of the things I told him were needed including reading court documents, interrogatories and other contractors' estimates of damages.

I was handling the case Pro Se and had spent a lot of time preparing my case. I repeatedly asked for documents and information including on the day of trial. He still did not prepare. When I complained that he had not done anything I asked him to do, he dismissed me and said I was worrying for nothing. He fell asleep in the court room (actually lay down on the bench) and when he was called to testify was told by the court that he had not submitted the needed documents proving that he was an expert in anything. For that reason, I lost the case. No expert witness= no case for damages.

Now this "expert" has billed me for his time in court. I have read the information available regarding immunity of expert witnesses but I understand that some courts have ruled that a person can sue their own witness if he was negligent in preparing for trial and that caused the loss of the case. I don't want to sue him (it's not worth my energy) but I certainly don't want to pay him for doing nothing but showing up and falling asleep.

We had no written contract of any kind. Your opinion, please. Thanks, Chris
 


outonbail

Senior Member
I was handling the case Pro Se and had spent a lot of time preparing my case.
It was ultimately your responsibility to see that all the necessary documents are received by the court before you go to trial. You knew he didn't present any paperwork so you should have known the court would not allow his testimony.
Frankly, I'm not sure how you knew he was actually an expert when you hired him.

He didn't have you sign a contract, did he even have a business card?
If your going to play attorney, you have to prepare for your case like an attorney. This would include doing your own examination of the expert you hire. You need to ask him for references and documents the court will require and you have to meet with him usually several times before the case goes to court to discuss the case and get his opinion then, so you know the expert your hiring is actually qualified to offer testimony on your behalf.

Oh well, live and learn.

As far as paying him, I sure as hell wouldn't. I'd wait for him to take me to court and see if he falls asleep again.:D
But you shouldn't have to pay for services you didn't receive unless the reason you didn't receive them was a result of you not performing as per the agreement between both parties. Was there any written correspondance between you and this a$$ clown at all? Fax, Email, letter? Anything that you can show which would support your claim of requesting his Curriculum Vitae on several occasions?
 

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