Advisory Opinion: 1090

Year Issued: 1987

RPC(s): RPC 8.4(d)

Subject: Duty to pay expert witness fees when expert subpoenaed at client's request

The Committee considered your inquiry concerning your responsibility to pay witness fees for an expert witness who has been subpoenaed by you at the request of your client, and who was required to appear in court on three consecutive days, only to testify briefly at the conclusion of the trial. The Committee was of the opinion that as a lawyer is permitted to issue subpoenas over the lawyer's signature as an officer of the court, the failure of the lawyer to pay witness fees when requested or requiring a witness unnecessarily to spend an unreasonable amount of time sitting in court are prejudicial to the administration of justice and violate Rule 8.4(d) of the Rules of Professional Conduct.

Advisory Opinions are provided for the education of the Bar and reflect the opinion of the Committee on Professional Ethics (CPE) or its predecessors. Advisory Opinions are provided pursuant to the authorization granted by the Board of Governors, but are not individually approved by the Board and do not reflect the official position of the Bar association. Laws other than the Washington State Rules of Professional Conduct may apply to the inquiry. The Committee's answer does not include or opine about any other applicable law other than the meaning of the Rules of Professional Conduct.