Damn subpoena! THIS is why people hate lawyers!
 

A crusty little gnome just handed me a subpoena in my office in front of patients and employees. Nice touch.

Malpractice? Nah... An old patient is suing her home builder for a mold issue (construction defect.) I am required to lose an entire days work at no pay to testify. Here's the catch. I have never treated this patient for any mold related illness, nor was I ever made aware that there were any health issues at all! I am not an infectious disease specialist or a home construction expert. I simply cared for the patient in an UNRELATED matter many years before.

I called the lawyer whose name appeared at the top of the subpoena and was connected to a paralegal who admitted, "Yeah, we got kind of rushed on this case so we didn't really get a chance to review the medical records, so... we just sent a subpoena to every doctor the plaintiff has seen in the past 10 years. We have the right to do that, you know. So we'll see you on the 10th."

The hell you will.

Sue both the lawyer and patient for wasting your time. Your time is worth just as much as theirs is, possibly more. Bill them for it...

Have your attorney write a letter explaining you have no information relative to the case.

Or go one step further and write a letter saying that you found no mold related illness, and would be glad to testify.

tell the attorney you like mold.

Any way to find out who the lawyer's physician is? Next time he comes in for a physical I say he gets an overnight stay complete with hourly barium enemas.

Tell them "No problem, I do alot of "mold related" testifying for insurance companies"...

I guess my point is, why am I LEGALLY COMPELLED to reschedule a whole day of surgery and office visits and lose a days earnings because the lawyers simply didn't do their homework? Something is terribly wrong with the system.

These kind of subpoena's can usually be answered with mailed in xerox copies of the records. Usually the requesting party will provide a service to copy the records in your presence in your office. Just call the serving lawyer on the phone and he/she will probably make the arrangement.

Send a letter to the bar with the explanation the paralegal gave you about sending a subpoena to every doctor the plaintiff had seen in the past 10 years whether or not the doctor had relevant information about any treatment for mold.

The lawyer in this case sounds like he is abusing his position as an officer of the court. He needs a reprimand from the bar, or at least a little reminder about professional ethics.

+1.

BRILLIANT! :D

That's strange. A doctor friend of ours charges for services such as this. I don't know the details but I know for a fact that he charges for his time. You may want to look into it further.

You forgot something...

You will be glad to testify for a healthy fee. Your time is worth something and if you are going to have to take the day off, then make them pay for it.

That's exactly the kind of attitude that allows lawyers to act like this. If everyone took the time to fight them, even though it might not be "worth" it, lawyers would be much more careful about who they issue subpoenas to. The fact is, there is no penalty or "pain" for them over-issuing subpoenas, so they do.

Besides, any lawyer who is trying a mold case is just looking for a big payout on a case based on junk science.

Normally there will be a choice to show up for a deposition or just provide records (request for production). It is an inconvenience, but you are required to show or produce. Remember, if not for clients, attorneys wouldn't have a job.

I believe you're entitled to compensation for your time, travel, and expenses. Be sure to find out, and suggest that they come to you so that you can be diposed.

Could I expect success in small claims court, arguing that the lawyers poor preparation and improper sunpoena caused me direct financial loss?

You'd need a shyster lawyer to prove that one.

And the circle continues.

That would be the attraction of small claims court. No lawyer. If the lawyers I file the complaint against don't show up, I'd likely win. If they do show up, at least I've taken a day out of their lives.

Suing a lawyer for performance of their job is not a winner. The ALJ that will hear the case is usually a retired judge, a lawyer.