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Replying to Thread: Reasonable Depo fees
Created On Sunday 4, January, 2009 5:42 PM by rosellavera


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rosellavera
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Posts: 431
Joined: Jul 2005

Sunday January 04, 2009 5:42 PM

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AA bills for $825.00 for a three hour depo, including preparation time. DA recommends to IC payment in the amount of $750.00, and instructs them not to pay more. The difference is $75.00. AA argues that $275.00 per hour is reasonable based on his experience, and files a petition for the full amount. DA objects to the order allowing fees at the rate of $275.00 per hour. AA files a DOR. Both parties appear at the Board on this disputed issue. The Board allows the $275.00 per hour, and orders IC to pay the extra $75.00. By now the DA has charged the IC $495.00 for the appearance. I don't get it. What am I missing? I don't understand why the claims examiner is not seeing that this is not cost efficient for them or the ER.

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valencia
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Posts: 27
Joined: Feb 2006

Tuesday January 13, 2009 5:57 PM

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Any good attorney will advise the examiner that the defense may cost more than the amont at issue. If the examiner decides to still pursue the matter, there may be other issues involved. If the attorney didn't advise about costs, then the attorney did not do his/her job.
/s/ Dean Tompkins

Edited: Tuesday January 13, 2009 at 5:58 PM by valencia

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