Legal Question in Civil Litigation in New York

Subpeonas

I am in the middle of a small claims case that has to do with a real

estate deal gone bad. The other party hired a lawyer and that

lawyer subpeonad my EX-real estate lawyer. She handled the

case until it dissolved. She is now demanding that I pay her for the

time she will have to spend in court and pay for her to get to the

court date. I cannot see how I would be responsible for paying her

when I am not the one who is subpeoning her. Can she make me

pay for any of her costs ?

Thank you


Asked on 5/19/04, 10:26 pm

2 Answers from Attorneys
Robert R. Groezinger GroezingerLaw P.C.

Re: Subpeonas

You are correct. If you don't want or need her, you don't have to pay her.

The witness gets a check with the subpoena for mileage.

Good Luck

RRG

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Answered on 5/19/04, 10:31 pm
Stephen Loeb Law Office of Stephen R. Loeb

Re: Subpeonas

You may want to ask her what benefit is your ex-attorney conferring to you by virtue of her proposed bill to you. You may also want to remind her that paying fact witnesses (or accepting money as a fact witness) for her testimony could be construed as a criminal offense and/or ethical violation that could effect her license to practice law.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 5/20/04, 9:38 am


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