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Agreement Depo Subpoena

Last edited 137 days ago by Ted Broomfield

Summary. The target audience of this article is attorneys who are interested in contracting with Ted Broomfield Law to serve as a Deposition Subpoena Officer. The purpose of this article is to explain why an attorney needs a deposition subpoena officer and explain the terms of the agreement.

Background

In California non-party discovery is through deposition subpoena. When serving deposition subpoenas, the attorney must use mandatory California Judicial Council Forms. When seeking employment records or consumer records, California specifies a complex procedure to notify not just opposing parties, but, non-parties whose records may be sought.

Where records, alone, are sought, the records may not be delivered directly to the attorney who sought the records. Instead, the records must be delivered to qualified person who has no interest in the case. Two people who can receive deposition subpoena records are: (1) Registered Professional Photocopiers who have a Notary Public Commission; and (2) Licensed California Attorneys. When the documents are delivered to the attorney who sought them, the Deposition Subpoena Officer must cover those documents with a compliant affidavit of authenticity of the records produced.

Within this background, I perform the service of a deposition subpoena officer for other attorneys.

Below is a sample agreement.

AGREEMENT FOR TED BROOMFIELD TO SERVE AS A DEPOSITION SUBPOENA OFFICER.

1. PARTIES

Deposition subpoena “Officer”: Ted Broomfield

“Attorney” seeking records: [Name]

2. SERVICES THAT OFFICER WILL PERFORM

Officer will provide the services of a deposition subpoena officer, namely, allow Attorney to name Officer as Deposition Subpoena Officer on _______ number of Subpoenas, receive records at Officer’s virtual office, and transmit records received, covered by a code complaint affidavit.

Officer will send as many compliance letters as Attorney instructs to witness.

Officer will testify at any hearing required, provided he is compensated for his time.

3. SERVICES THAT THE OFFICER WILL NOT PERFORM

The Officer will not draft the subpoena.

The Officer will not serve the subpoena.

The Officer will not draft any required notice on consumer.

The Officer will not serve any required notice on consumer.

The Officer will not identify any custodian of records.

The Officer will not perform any legal services or provide any legal consultation.

4. FUNCTIONS PERFORMED BY ATTORNEY

The Attorney will draft the subpoena.

The Attorney will cause the subpoena to be served.

The Attorney will draft any required notice on consumer.

The Attorney will server any required notice on consumer

The Attorney will identify any custodian of records.

The Attorney will perform any legal services or provide any legal consultation.

Attorney will provide via email, all subpoena documents that have been served using Deposition Subpoena Officer at the same time, Attorney causes the same to be served.

5. CONSIDERATION

Prior to serving any subpoena document, Attorney will pay to Officer the sum of one hundred dollars ($100) for each witness that Officer will be the Deposition Subpoena Officer for.

For each compliance letter that Officer sends, Attorney will pay to Officer seventy-five ($75).

For travel to, and any required testimony, Attorney will pay to Officer either of two hundred and fifty dollars ($250) per hour for each hour, or pro rata for part thereof, in increments of tent hours, including travel, and out of area time that Officer consumes, or the statutory fee required, if any.

For consultation two hundred and fifty dollars ($250) per hour for each hour, or pro rata for part thereof, in increments of tent hours.

For each page copied or scanned, Attorney will pay to Officer fifty cents.

All payments are due in advance by check, money order, cashier’s check or Zelle.

6. REPRESENTATIONS AND WARRANTIES

Each party to the agreement represents and warranties that he or she is duly authorized to perform his or her respective requirements under this agreement.

Each party hereby indemnifies the other for all harm for any failures in required authorization.

7. LIMITATION ON DAMAGES

For any breaches of contract, the parties limit the damages to the price paid and incidental damages.

Consequential damages are expressly not available in any dispute over this agreement.

In any dispute over this agreement, each party shall bear his or her own respective attorney fees and costs, and those attorney fees and costs are not recoverable against the other.

8. JURISDICTION AND VENUE

The governing law of this Agreement is the law of the State of California.

The venue for any dispute over this Agreement shall be the City and County of San Francisco.

9. INDEMNIFICATION

Officer uses a third-party for mail handling.

Attorney indemnifies Officer for any damages that the third-party mail handling entity causes.

Attorney acknowledges, understands and agrees that the third-party mail handler will scan all documents received and that such documents are stored in the “cloud,” and therefore have all attendant risks.

Attorney acknowledges, understands and agrees that Officer uses a third-party entity for document storage and to make documents available to Attorney.

Attorney acknowledges, understands and agrees that the third-party document manager stores all documents in the “cloud,” and therefore have all attendant risks.

10. INTEGRATION

This is the entire Agreement between the parties. No other terms were agreed to, no other terms apply.

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