<p>I got a voicemail from an attorney who represents a past client. I’m not being sued – it’s unclear what the suit is about – but the attorney said “I want to know if you’re going to work with me or if I have to subpoena you.” Nice and friendly. My interaction with this client began and ended in 2006. I highly doubt I still have any records of our transaction. </p>
<p>My questions are:
Do I call the attorney and ask how I can help?
Am I entitled to charge a fee for the time and effort I will spend “helping” her? It sounds like “helping her” means helping her earn her fee.
Do I wait for the subpoena?
If I get subpoena and have no records to provide, can I simply state that?</p>
<p>Sounds to me like the attorney is asking if you are going to be a friendly and willing witness at deposition, or not.</p>
<p>I think emilybee is correct. The attorney is generally asking whether you will appear voluntarily or not. If you are going to miss work for this, then I’d have him or her serve you with the subpoena.</p>
<p>If you are going to act as a fact witness (versus an expert witness) you probably can’t bill for your time, but I think it might vary by the jurisdiction - the rules may require some nominal reimbursement.</p>
<p>If it was me, I’d call the lawyer up and ask what the case is about, what they need you for, etc., and then decide after you have that information. If you have no records, tell the attorney that and he or she may just decide they won’t use you.</p>
<p>Caveat: I assume that you did not have some type of privileged relationship with your client. If you did, that’s a whole different ball of wax.</p>
<p>Several years ago my company received a subpeona notice RE a client with whom I had worked. My total participation was providing the requested documentation files from our work together. I turned the files over to my supervisor and that was the last I ever heard of it.</p>
<p>Also know that this lawyer is NOT on your side…just saying to be careful of what you say. </p>
<p>If you haven’t spoken to your boss, you should do so. There may be procedures that your company goes through when this sort of thing happens. The company’s lawyers may want to get involved.</p>