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.