Chapter II: Rules as to Fees

=No fee= can be claimed for merely =volunteered= information, given either in Court or previously.

If you attend the Court after being _sub-pœna’d_, the fee is due, even should =no evidence= be called for.

=Do not= sign a receipt before you have received the money.

Apart from agreement to the contrary, an assistant or _locum tenens_ must hand his fees to his principal.

Where the authorities =compel attendance= in the public interest, definite fees are scheduled: if you appear on behalf of the prisoner, the plaintiff, or the defendant, a =private arrangement as to fees= (preferably in writing) must be made between the solicitor and yourself.

=1. THE CORONER’S COURT.=

There is =no fee= allowed for the =preliminary enquiry= and report to the Coroner; he can allow a fee only at an inquest.

No fee will be paid for an unordered anatomical _post-mortem_ examination.

=Only one= medical witness is called by the Coroner; additional evidence may be ordered by the inquest jury.

A second fee is =not allowed= for attendance at an adjournment.

A _post-mortem_ examination must =not be conducted= by one accused on oath of negligently causing the death in question.

No fee, for evidence or for _post-mortem_ examination, is payable to the medical officers (even if honorary) of voluntary medical institutions where the deceased died under the care of the officer; his attendance may, however, be excused if he sends a certificate as to the facts to the Court.

_No fee allowed_: Lunatic Asylum; Public Hospital or Infirmary (including Cottage Hospitals).

_Fee usually allowed_: Prison; Parochial Infirmary.

Where the deceased was “brought in dead,” the usual fees may be claimed by medical officers of institutions.

Travelling expenses seldom can be due to medical witnesses at inquests.

In =criminal cases= the Treasury may send down recognized experts.

_Fees_: For giving medical evidence after inspecting the body: ONE GUINEA.

For giving evidence after performing a necropsy in accordance with the Coroner’s order (or upon direction of the majority of the jury): TWO GUINEAS.

_Fine_: FIVE POUNDS is the penalty for disobeying the Coroner’s instructions.

=2. CRIMINAL PROCEEDINGS.=

(_Vide_ Home Office Order as to allowances for professional evidence in criminal prosecutions, 1903.)

For common skilled witnesses in petty sessional and police courts, at quarter sessions, and at the assizes, certain maximum =allowances= are specified; it is left to the Clerk of the Court to decide the actual fee in each case.

For =expert= testimony or highly skilled evidence the fee rests with the Court or the Treasury.

For attending to give professional evidence =in the town= or place where the witness resides or practises: If the witness

1. Attends to give evidence in one case only, not more than =one
guinea= per diem, even if a disagreeable examination has been
necessary in order to qualify as a witness.

2. Gives evidence on the same day in two or more separate and
distinct cases, not more than =two guineas=.

For attending =elsewhere= than in any town or place where the witness resides or practises, whether in one or more cases, not more than =two guineas= per diem. “Place” here means the area within a radius of three miles from the Court.

No full-day allowance shall be paid unless the witness is necessarily detained away from his home for =at least four hours= for the purpose of giving evidence, otherwise he shall receive not more than one-half of the full-day allowance.

The fare actually paid is usually allowed to a witness as travelling expenses.

A medical witness, while staying within the precincts of the Court, may be ordered to assist with his professional services.

In case of dispute, the Home Secretary, Whitehall, S.W., should be applied to forthwith.

=3. CIVIL ACTIONS.=

If your services are required by =one party= to a suit, it is for you to arrange terms; the solicitor is not himself liable. =A guinea= per diem usually is regarded as the minimum fee; travelling expenses (which should be paid in cash previous to the journey) are additional.

You can =demand= payment (in Court) before you consent to be “sworn” as a witness; having been “sworn” you are bound to give your evidence.