don't let customers video record you. ever.

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brantmacga

brantmacga

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Location
Georgia
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Former Child
Customer asked to film my explanation of a major malfeasance issue I found in their home so her husband would fully understand when she tried to explain to him.

I shouldve known better.

Apparently the recording is now my official deposition for their attorney to use in court, and I may be dragged in to something I want no part of.

I was just trying to be helpful. Lesson learned. Just something for you to think about if you're ever in a similar situation.
 
I have been asked to be recored several times, my fee is $50k with a limitied usage rights contract. i have been taken up on that a few times.
 
I don't think it would count as a depositon. It might be used as evidence though.
 
Chamuit said:
I don't think it would count as a depositon. It might be used as evidence though.
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Yeah, I was wondering about that myself. In depositions I have done, the lawyers are constantly repeating the question "Are you aware this is being recorded and are you consenting to this recording?" Seems to me if they filmed you under somewhat false pretenses, the opposing lawyer would have a field day with that. And since it costs you money to get dragged into court, you could legitimately demand your hourly rate for the court time.
 
brantmacga said:
Customer asked to film my explanation of a major malfeasance issue I found in their home so her husband would fully understand when she tried to explain to him.

I shouldve known better.

Apparently the recording is now my official deposition for their attorney to use in court, and I may be dragged in to something I want no part of.

I was just trying to be helpful. Lesson learned. Just something for you to think about if you're ever in a similar situation.
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Why would it that different than giving them a written report of the problem.
Seems about the same to me, just in a different format.
 
tkb said:
Why would it that different than giving them a written report of the problem.
Seems about the same to me, just in a different format.
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I was thinking that also. You could say exactly the same thing in something that is written if you wanted, or even just audio recording.

No matter what method you use you should make it apparent any comments, suggestions are just your opinion and mention any references you have to back up your opinion.
 
Jraef said:
Yeah, I was wondering about that myself. In depositions I have done, the lawyers are constantly repeating the question "Are you aware this is being recorded and are you consenting to this recording?" Seems to me if they filmed you under somewhat false pretenses, the opposing lawyer would have a field day with that. And since it costs you money to get dragged into court, you could legitimately demand your hourly rate for the court time.
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If they want me to testify in court I charge double my normal rate [from port-to port, plus 50 cents mile travel, parking expenses, etc. Photos/reports...no problem...photo/printing expenses + the travel + normal hourly rate [port-to-port].

Lawyers charge an arm and a leg when they appear in court...they want me to act as their 'expert'...pay me.

As others have said - code citations for every 'comment/opinion' you make.

The lawyer will send you one of their 'standard' contracts for paying you....which is prob. 1/2 your normal rate of pay....tell the lawyer NO...my rates are as follows....[tell them depositions are the same rate as court appearances].
 
Chamuit said:
I don't think it would count as a depositon. It might be used as evidence though.
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It can count as evidence for a pre-trial negotiation, but an informal video recording isn't sworn testimony.

I'm not a lawyer, so this doesn't count as legal advice, but it's my understanding that all evidence presented at bar must include the ability of opposing counsel to examine the evidence or question witnesses.
 
I would not get real excited about it. How is this any different than you just honestly telling something what you think? or writing out a quotation to repair something someone else screwed up?

As I understand it, it can't be used as much more than an attempt to impeach sworn testimony you might make in the future about the same issue.

As far as getting paid for your time in court, that is dicey.
 
It is amazing how many folks seem to think they are qualified to give legal advice.:D

I will remind all members here that nothing posted on this forum can be considered legal advice and I strongly urge anyone that needs legal advice to find a competent attorney in their local area.
 
petersonra said:
I would not get real excited about it. How is this any different than you just honestly telling something what you think? or writing out a quotation to repair something someone else screwed up?

As I understand it, it can't be used as much more than an attempt to impeach sworn testimony you might make in the future about the same issue.

As far as getting paid for your time in court, that is dicey.
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Unless you are the plaintiff or defendant, I don't see how getting paid should be a problem.
 
gadfly56 said:
Unless you are the plaintiff or defendant, I don't see how getting paid should be a problem.
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It probably varies widely, but most places the witness fee for criminal cases is about what the juror fee is. you are lucky to pay for parking and lunch with it.

Expert witness fees in civil cases can be pretty lucrative, but as I understand it, a subpoena is a subpoena and you don't get a choice to appear or not, regardless of whether payment may or may not be made.

I am also given to understand that small claims court does not allow expert witness fees in general.

But as always, if you want the real skinny for your jurisdiction, it is usually not all that hard to get it with a little digging.
 
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