| The following is an expert answer given by Broward | | | | You do have a right to see copies of expert reports, |
| County Injury Lawyer, Joseph M. Maus, and is taken | | | | especially if you paid for it, or any other documents in |
| from AllExperts.com, a free Q & A service on the | | | | the file. There are strategic reasons for not having |
| internet: | | | | the expert prepare a report prior to trial. Whenever an |
| Subject: Follow Up to "Attorney Won't Talk To | | | | expert prepares a report, the report becomes |
| Witness" | | | | discoverable by the other party. An expert can |
| QUESTION: Thank you for your quick reply. We dealt | | | | provide his opinions verbally to you or the attorney, but |
| with this problem by actually paying the fire expert's | | | | the attorney may not want the expert to prepare a |
| nominal retainer. We feel questions still need to be | | | | report just yet. Depending on the type expert, he can |
| answered. Problem is that he only wants to give his | | | | testify at trial without ever producing a written report. |
| additional investigative report to our attorney. We | | | | Not sure where you're located, but in Florida (I am a |
| haven't even seen the initial report and photos that we | | | | Broward County injury lawyer), the client has an |
| had paid for. I thought we have the right to see all | | | | absolute right to look at his file, the work being done on |
| these reports, being that it was our money. What is | | | | the file, expert reports, etc. If he won't let you see |
| going on here? Seems like we are out of the loop. | | | | the file, you can contact the state Bar Association, and |
| Also, should our attorney prepare for this mediation the | | | | maybe they'll contact him for you. |
| same as he would if this were the trial? (Complete all | | | | Regarding preparation for mediation, you do not |
| necessary depositions, obtain expert reports, photos, | | | | prepare for mediation as you would trial. There are |
| etc.) Are we allowed to express our opinions or ask | | | | alot of reasons for this, primarily money and time. |
| questions during the mediation? | | | | There is no reason to spend the time and money |
| ANSWER: It is very difficult to second guess an | | | | necessary to prepare for trial, if you don't need to. |
| accident injury attorney working on your case. I don't | | | | This is one of the main reasons that judges in Florida |
| know the type claim you have, nor anything about | | | | accident injury claims began making mediation |
| what has happened to this point. You really need to | | | | mandatory - so that the parties would get together to |
| sit down with your attorney and hash these issues out. | | | | discuss resolving the case prior to incurring all the |
| If you're not comfortable with the attorney, go meet | | | | costs of preparing for, and going through, trial. You |
| with another one to get a second opinion, or discuss | | | | don't need all discovery done at the time of mediation. |
| transferring the file. If you are going to trial on an | | | | You need enough done to be able to intelligently, and |
| accident injury case, you have to be 100% confident | | | | accurately, discuss your claim, and give the other side |
| with the lawyer, and the preparation that has gone into | | | | enough information to evaluate the merits of your |
| the file. | | | | claim. |