1.Solicitors’ undertakings to doctors re: fees 2. Issuing of Subpoenas
1.Solicitors’ undertakings to doctors re: fees
2.Issuing of subpoenas
It has come to the attention of the Committee that some members of the medical profession now require solicitors to furnish an undertaking to the effect that the solicitor will be responsible for the doctor’s stand-by and court attendance fees. The Society does not approve of the giving of such undertakings.
Solicitors are under no obligation to furnish such undertakings. However, where an undertaking is given, the solicitor will be personally liable and failure to honour its terms is prima facie evidence of professional misconduct.
Conventionally, solicitors do not subpoena medical practitioners where the practitioner has confirmed in writing that he/she will be in attendance or on standby, as the case may be, on the trial date. Where such confirmation of availability has not been received in due time on a basis acceptable to the solicitor, or where the solicitor has any doubt whatever regarding the medical practitioner’s attendance, it is incumbent on the solicitor to secure the medical practitioner’s attendance, if necessary by way of subpoena.