TOPIC: Have to give a deposition

Will's advice is great.  You don't know the purpose of the deposition.  It could be to make hay where there isn't any, hoping to add another nail to a perceived coffin.  If you can barely remember your conversation(s) with the wife, say that.  You did not collude.  Your lawyer being present is schmatt!  Your report is gold in that you can refer to what you said in it.  But, as you say, it is not a court document - the deposition could be to try to make it one via your answers.  These divorce things can get bloody and you don't want splatter from both sides.  Just be you.  You sound solid and grounded, so come off as confident and give correct answers.  You will be fine.

Thanks jay and the rest of the guys for all your kind words and help. I know I will be fine. I just wish I didn't get dragged into this oh well . Like I said before lesson learned. I don't think I will be performing home inspections for people who are in the process of getting divorced. I think next time I will politely decline

In the future, if you know your report is being used for anything involving possible litigation, be sure and get an expert witness agreement signed prior to inspection.  This will allow you to charge the client for your time and in many cases will stop them from calling you to testify as they don't want the additional expense.  I'm currently charging $175.00 p/hour billed in quarter hour increments with a 4 hour minimum.

If you don't have this agreement, in California they'll pay you $38 for the entire day, (SUCKS!).

Jay is correct, don't vary from your report.  If you're not sure, refer to the report.  Your attorney will advise you to have (4) basic answers:

1.  No
2.  Yes
3.  I don't know
4.  I don't recall

Don't expand on any answers, that's were you start to get chatty and the attorney for the other side will hammer you...

I perform expert witness services about 5-6 times per year.  The depo is no big deal, just a waste of your time....

Good Luck, You'll be fine!

Hey Will can you post this portion of your contract on here for us all to look at?  You made a good point and think I may add something like this to my contract.

Thanks

Thanks will if you could post that because I think I will add that to my agreement. I don't balme you john !