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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Ive been served a subpoena as a witness in a trial where Im

Customer Question

I've been served a subpoena as a witness in a trial where I'm not a subject of the litigation, but was a member of the Board of Directors where quotes of my comments during board meetings are the basis of me being subpoena.
a) The hospital I was a board member with is suing the defendant (2 suits, one is a federal suit)
b) I was called by the defendant's lawyers initially
c) Now I'm subpoena'd in the 2nd (federal) suit by the hospital
d) The subpoena is requesting more than 10 years of tax records on me and a company I controlled
e) I received the 2nd subpoena on Saturday, May 4 to comply (deposition and supply documents) by May 10.
f) I don't have counsel nor do I want to expend my funds on counsel
g) The hospital foundation carried D&O insurance when I was on the board (probably still) and I'm wondering how they pay my legal fees when they're the ones causing my need to incur them.
Submitted: 3 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 3 years ago.

Thank you for your question. Please permit me to assist you with your concerns. I am a Pennsylvania licensed professional and am very familiar with your situation.

To answer your question directly, in a situation where the entity is causing the need to incur, provided that you state and claim that the information and assistance is being provided on behalf of your business entity (and not for personal interest), they would be required to pay your legal fees. That is because, as you stated, this is being done via their demands and their evaluation, not yours, and consequently this type of compliance is on behalf of their interests. This is why I do not see good cause in refusing to obtain counsel as such an expense would not be borne by you anyway.

Good luck.

Expert:  Dimitry K., Esq. replied 3 years ago.
I see that you rated my answer as 'bad'. What specifically did I fail to answer to you? Please advise.
Customer: replied 3 years ago.

I rated the response as bad because you assumed I was being deposed on
behalf of the entity I was a part of through my position as a director. I
was called by the opposing counsel as a witness based on meeting notes
where they wanted more information about my comments in board meetings that
were in the minutes. My deposition responses apparently contradicted the
interests of the hospital (I was on their board) in their litigation
against a 3rd party. (I wasn't testifying on my own behalf, nor on the
hospital's behalf. I was called by the plaintiff attorney.)