What Do I Do If I Get A Subpoena?

Most doctors and health professionals have received a subpoena.  A subpoena is a document issued by the Court requiring you to produce documents or to give evidence in Court on a specified date.  Generally, a process server will turn up at the door, hand over the subpoena along with a cheque for $28.00.

What you should do is:

• Ring the solicitors and tell them that $28.00 is not enough to get the documents together.  A more proper cost would be between $80.00 and $120.00 depending on the amount of time to be spent.  Ask for the solicitors to forward that money immediately and you will answer the subpoena.
• Keep a note of that conversation.
• If the subpoena requires you to attend Court, then you should give an estimate of the amount of money it will cost, based upon attending Court for the full day.  If you have more important duties, such as operating on the day, then you should write to the solicitor and tell him this.  Ask if you can appear on a different day more convenient to you.

WHATEVER YOU DO, DO NOT IGNORE THE SUBPOENA.

The question for health professionals is why should you drop everything, get your records together, and send them to the relevant Court all for a fee of only $28.00?  Why should you have to put up with this? 

Martin Bullock Lawyers have specialised subpoena letters which can save you money, obtain more money for your subpoena and reduce your stress whenever you have been served with a subpoena.

Basically all of the rules of Court provide that a person subpoenaed is entitled to reasonable fees in answering the subpoena.  Obviously, the cost to you and your business in answering a subpoena is more than $28.00 which will generally be tendered as conduct money.  The reality is that the files must be extracted, the documents collated and photocopied, a letter must be written to the Court and then the document should be sent by either express mail or security post to the Court to ensure that they are received in time.  The cost to your business is generally far in excess of the $28.00 offered.

We can assist you in drafting a very simple letter which every time you are subpoenaed you can send straight to the solicitors who have issued the subpoena.  They will then be required to forward you a further sum of money to cover your fees for doing the work.  If they don´t forward the money then you are not required to answer the subpoena. 

This service is offered free to all of the doctors and health professionals who refer work to Martin Bullock Lawyers. 

Please contact Greg Martin at our office if you want to make more money and relieve stress in relation to subpoenas.