Above all, you have a duty to maintain fidelity to your client. The report is your client’s property. Tell the attorney that you are prohibited to issue the report. Moreover, you should not as much as discuss the inspection with him. Should you client request that you do so, your SOP probably permits it, but does not require it.
Now, if you client asks for your cooperation, you have a choice to make. If you what to help them, arrange a fee schedule for your time. Be careful!! many lawyers will bawk if you try to invoice for your time while sitting outside the courtroom and try to get away with paying only for the time you’re on the stand. Consider setting flat rates for 4 hour blocks of time.
I turn these things down all the time. When I was younger, I thought it really made me a big shot to be a pro-witness. In the end, I’ve found it to be nothing but a pain in the **. I also object to participating in the frivolous lawsuit Bulls that plagues our industry.
Since you’re already involved, you may not have a choice. If you don’t get them to agree to a fair pay rate, the courts might just subpoena you and you may not be paid a dime.
As far as the IR is concerned, please remember that it is NOT required by any of the SOP’s. You keep saying that you “don’t know how he missed it…” Make sure you are not holding the guy to an unfair standard. We get hammered by this crap all the time… from scores of pro’s who have the opportunity to inspect with specificity, specialized tools, and carte blanch from the client.
If you are 100% sure that this defect was detectable without IR and, was detectable under the conditions at the time of the inspection (furniture, dryspell, whatever) then you might consider helping the industry by assisting with the case. If you are not 100%, then I feel you’d be disserving the industry.