[CLC-Discussion] Expert Issue

Mon Feb 10 10:21:32 PST 2014

I don't think the request was unreasonable, but there are two sides to every
story.  The original email to the expert apparently was interpreted as
shopping around for prices (wasting the expert's time), rather than an
intent to hire the expert.  I'm not saying the expert is right, but just
that he has a different view based on his experiences.  The expert may have
had a recent problem with a law firm inquiring about the rate sheet, then
using the rate sheet to shop around for a lower cost expert.   Or using
competitor's rates to attempt to haggle over his rates.  

There are some in the engineering community that believe engineers should be
selected solely on competence before any discussion of price.  Around 1970,
the National Society of Professional Engineers created an ethical rule
prohibiting engineers from discussion price until after the engineer was
selected based on qualifications (prohibition for competing on price);
engineers were subject to sanction for non-compliance.  The NSPE's rule was
revised after the USDOJ challenged the rule under antitrust laws.  

If you are in a bind due to time constraints or really wish to use Mr.
Jones, you might send an apologetic email (or phone call) to Mr. Jones
something like, "I apologize if my prior email offended you.  You have a
good reputation for high competence in ______ field and we wish to hire you
as an expert, but I need to be able to inform my client how much you will
cost before I can hire your firm."  

Good luck,

Mark Young

From: clc-discussion-bounces at lists.flabarrpptl.org
[mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Denise
Hammond
Sent: Monday, February 10, 2014 11:30 AM
To: Rouselle "Bo". Sutton III; 'clc-discussion at lists.flabarrpptl.org'
Subject: Re: [CLC-Discussion] Expert Issue

Bizarre.

Denise Hammond, Esq.

Wright, Fulford, Moorhead & Brown, P.A.

505 Maitland Ave., Suite 1000

Altamonte Springs, FL 32701

(407) 425-0234

(407) 425-0260 (fax)

 <mailto:dhammond at wfmblaw.com> dhammond at wfmblaw.com

 <http://www.wfmblaw.com> www.wfmblaw.com

CONFIDENTIALITY NOTICE: This e-mail transmission (and/or the attachments
accompanying it) may contain confidential information belonging to the
sender which is protected by the attorney-client privilege. The information
is intended only for the use of the intended recipient. If you are not the
intended recipient, you are hereby notified that any disclosure, copying,
distribution or the taking of any action in reliance on the contents of this
information is strictly prohibited. Any unauthorized interception of this
transmission is illegal. If you have received this transmission in error,
please promptly notify the sender by reply e-mail, and then destroy all
copies of the transmission.

IRS CIRCULAR 230 NOTICE:  To ensure compliance with recently enacted U.S.
Treasury Department regulations, we hereby advise you that, unless otherwise
expressly stated, any and all tax advice contained in this communication has
neither been written nor intended by the sender or this firm for the use of
any taxpayer for the purpose of evading or avoiding tax penalties that may
be imposed pursuant to U.S. law.  Furthermore, unless otherwise expressly
indicated, the use of any tax advice contained in this communication has
neither been written nor intended by the sender or this firm for the purpose
of promoting, marketing, or recommending a partnership or other entity,
investment plan or arrangement to any taxpayer, and such taxpayer should
seek advice on the taxpayer's particular circumstances from an independent
tax advisor.

Replies Filtered:  Any incoming reply to this e-mail communication or other
e-mail communication to us will be electronically filtered for "spam" and/or
"viruses." That filtering process may result in such reply or other e-mail
communications to us being quarantined (i.e., potentially not received at
our site at all) and/or delayed in reaching us. For that reason, we cannot
guarantee that we will receive your reply or other e-mail communications to
us and/or that we will receive the same in a timely manner. Accordingly, you
should consider sending communications to us which are particularly
important or time-sensitive by means other than e-mail.

From: clc-discussion-bounces at lists.flabarrpptl.org
[mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Rouselle
"Bo". Sutton III
Sent: Monday, February 10, 2014 11:02 AM
To: 'clc-discussion at lists.flabarrpptl.org'
Subject: [CLC-Discussion] Expert Issue

Fellow Construction Attorneys, 

I wish I had known this before: so that you do not make the same mistake I
did and wind up in my predicament (unable to retain your chosen expert),
when attempting to retain John Jones of Dart Engineering, LLC as an expert,
do not request his rate sheet. Unfortunately, because of this slip-up, I
must begin the process of locating a qualified expert for my client, anew. 

Rouselle "Bo" Sutton, III

Board Certified in Construction Law 

Railey Harding & Allen, P.A. - Partner

15 North Eola Drive

Orlando, Florida 32801

Phone (407) 648-9119

Fax (407) 648-8049

 <mailto:rsutton at raileyharding.com> rsutton at raileyharding.com

This e-mail is intended only for the individual(s) or entity(s) named within
the message. This e-mail might contain legally privileged and confidential
information. If you properly received this e-mail as a client or retained
expert, please hold it in confidence to protect the attorney-client or work
product privileges. Should the intended recipient forward or disclose this
message to another person or party, that action could constitute a waiver of
the attorney-client privilege. If the reader of this message is not the
intended recipient, or the agent responsible to deliver it to the intended
recipient, you are hereby notified that any review, dissemination,
distribution or copying of this communication is prohibited by the sender
and to do so might constitute a violation of the Electronic Communications
Privacy Act, 18 U.S.C. section 2510-2521. 

From: John Jones [mailto:jjones at dartengineering.com] 
Sent: Friday, February 07, 2014 8:10 PM
To: Rouselle "Bo". Sutton III
Cc: 'redacted'
Subject: RE: [Redacted]

I'm not interested in working for a firm that selects it experts based on
price.  Get someone else.

John A. Jones, PE, CBO

President

Dart Engineering, LLC

407-831-1200

www.dartengineering.com

From: Rouselle "Bo". Sutton III [mailto:rsutton at raileyharding.com] 
Sent: Friday, February 7, 2014 4:11 PM
To: 'John Jones'
Subject: RE: [Redacted]

John, 

I have approval to retain a [redacted] expert. Can you send me your rate
sheet, so that I can get you approved as a candidate?

Rouselle "Bo" Sutton, III

Board Certified in Construction Law 

Railey Harding & Allen, P.A. - Partner

15 North Eola Drive

Orlando, Florida 32801

Phone (407) 648-9119

Fax (407) 648-8049

 <mailto:rsutton at raileyharding.com> rsutton at raileyharding.com

This e-mail is intended only for the individual(s) or entity(s) named within
the message. This e-mail might contain legally privileged and confidential
information. If you properly received this e-mail as a client or retained
expert, please hold it in confidence to protect the attorney-client or work
product privileges. Should the intended recipient forward or disclose this
message to another person or party, that action could constitute a waiver of
the attorney-client privilege. If the reader of this message is not the
intended recipient, or the agent responsible to deliver it to the intended
recipient, you are hereby notified that any review, dissemination,
distribution or copying of this communication is prohibited by the sender
and to do so might constitute a violation of the Electronic Communications
Privacy Act, 18 U.S.C. section 2510-2521. 

From: John Jones [mailto:jjones at dartengineering.com] 
Sent: Wednesday, February 05, 2014 9:22 AM
To: Rouselle "Bo". Sutton III
Subject: RE: [Redacted]

My CV is attached FYI.  

John A. Jones, PE, CBO

President

Dart Engineering, LLC

407-831-1200

www.dartengineering.com

From: Rouselle "Bo". Sutton III [mailto:rsutton at raileyharding.com] 
Sent: Wednesday, February 5, 2014 8:53 AM
To: 'redacted'; 'John Jones'
Subject: RE: [Redacted]

John, 

You and I have been in two cases together. The first was [redacted]. I
represented the building owner. I think your client was [redacted]. The
second was [redacted]; your client was [redacted]. I represented [redacted].

While I don't currently have the authority to retain any additional experts
in a case I have in [redacted], I am exploring potential [redacted] experts.
We anticipate hiring a [redacted] expert, and your name came up as a
candidate. 

Rouselle "Bo" Sutton, III

Board Certified in Construction Law 

Railey Harding & Allen, P.A. - Partner

15 North Eola Drive

Orlando, Florida 32801

Phone (407) 648-9119

Fax (407) 648-8049

 <mailto:rsutton at raileyharding.com> rsutton at raileyharding.com

This e-mail is intended only for the individual(s) or entity(s) named within
the message. This e-mail might contain legally privileged and confidential
information. If you properly received this e-mail as a client or retained
expert, please hold it in confidence to protect the attorney-client or work
product privileges. Should the intended recipient forward or disclose this
message to another person or party, that action could constitute a waiver of
the attorney-client privilege. If the reader of this message is not the
intended recipient, or the agent responsible to deliver it to the intended
recipient, you are hereby notified that any review, dissemination,
distribution or copying of this communication is prohibited by the sender
and to do so might constitute a violation of the Electronic Communications
Privacy Act, 18 U.S.C. section 2510-2521. 

[redacted]

______________________________________________________________________
This email has been scanned by the Symantec Email Security.cloud service.
For more information please visit http://www.symanteccloud.com
______________________________________________________________________

---
This email is free from viruses and malware because avast! Antivirus protection is active.
http://www.avast.com
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20140210/c4cc38f3/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 5430 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20140210/c4cc38f3/image001.png>