Getting paid for time in court

I recently appeared as an expert witness for an abuse and neglect case. The defense attorney subpoenaed me, but I was more helpful for the prosecution. I'd like to bill the defense attorney for my time; however, I anticipate that he won't readily pay. Should I take the attorney to small claims court?

Robert Newman, J.D.

Don't bother billing the defense attorney, says Robert Newman, an attorney who focuses on civil litigation involving animals. "Without a previously signed agreement that outlines your reimbursement, billing the disappointed defense attorney is a waste of time and postage."

"While you could pursue small claims, it's unlikely that a judge would order compensation without such an agreement," says Newman, a partner with Newman and Newman in Santa Ana, Calif. "You may get regular witness fees and mileage, all totaling less than $50." Next time: Get it in writing before you testify.