Expert Witness Retains His Files and Prevails for Fees
Brian Spitler, Joe Kingma and Ty Wetzel represented an accountant who was owed six figures in fees after his extensive work as an expert witness. When the client stopped paying the fees, the expert stopped work. The former client sued, trying to gain access to the expert’s work product. Brian and Joe had that case dismissed by the trial court and filed a separate suit to recover the fees. The defendant contested the claim vigorously and also sought to compel arbitration. On September 18, 2014, the trial court denied the motion to compel arbitration and awarded 100% of the expert fees, interest and attorneys’ fees sought. On June 28, 2015, the Court of Appeals affirmed.