Accepting a Subpoena
If the client is an attorney, she doesn't need to send you a subpoena for your testimony. However, if the other side wants to question you, either on the stand or in a deposition, they must send one. Be aware that your client cannot prevent you from accepting a subpoena even though you work for her.
Some firms, and even individual clients, will send the investigator out of town to avoid his acceptance of a subpoena. This is not only unprofessional, it is a blatant attempt to circumvent the judicial system, and it will be obvious to the court. A subpoena is a legal order for you to appear in court — an order, not a request. If you don't appear, you can be held in contempt.
Be professional. Don't hide. Accepting the subpoena shows respect for the person serving it and for the judicial system. You never know when you may meet her or others associated with the case. One day, you may need her help or she may need a PI. Never burn your bridges with anyone.
An investigator is entitled to payment for her time in court. Bill your client. Even when you are subpoenaed by opposing counsel, your testimony is beneficial to your client's case and plays a vital part in the investigation. Include charges for court testimony in the client agreement. Because you're unavailable to work other cases, you're entitled to payment for time spent waiting to testify, not only for time spent on the stand. Travel expenses are also billable, should they apply.
You may be subpoenaed for a deposition. These are usually held in the attorney's office or that of the court reporter. A deposition is a statement made under oath and in front of witnesses (attorneys for both sides are usually present) that becomes an official record that can be used in court. It's usually written and signed by the person being deposed as well as the witnesses. It is often videoed as well.
Because depositions are quite costly, the PI is important in this process. In addition to being interviewed, the PI is also often used to interview multiple witnesses and return reports to the attorney, who uses the information to choose the witnesses she wants to depose. In this way, she won't have to pay for depositions that won't be useful to the case. Since payment for the PI's time is usually much less than the cost of depositions, total expenses can be reduced.
