Expert Witness Files Complaint Against Texas Attorney for Delayed Payment of Expert Witness Fees
An expert witness has filed a complaint against Austin (TX) attorney Marc G. Rosenthal for delaying the payment of his expert witness fees and the Commission for Lawyer Discipline, State Bar of Texas has taken note of the complaint. The Brownsville Herald reported,
The State Bar of Texas’ Commission for Lawyer Discipline is calling for the disciplining of Austin-based attorney Marc G. Rosenthal for allegedly paying a funeral director for referring a case to him and for failing to timely pay an expert witness in another case.
Rosenthal’s firm had retained J. Brandon Durbin as an expert witness in a case for which Durbin raised an invoice of $36,090 on Dec. 31, 2008. Though Rosenthal had post-dated a check to Durbin in early March 2009, he later ordered a stop payment. The entire amount was however, paid after two years in March 2011.
The petition also involves a complaint of allegedly paying a funeral director for referring a case to him.
Would you file a complaint against an attorney for delaying your payment (note that the payment was delayed by more than two years in this case and a stop payment was also issued on an earlier check.)
How often do attorneys delay expert witness payments and what are the safeguards experts can take to ensure timely or upfront payment?