On September 22, 2017, Circuit Court for the City of Williamsburg and James City County, Virginia, granted Mr. Waterman’s Motion for Lombard Retained Expert Subpoena Duces Tecum and denied Defendant’s Motion to Quash the same in the MVA legal malpractice case of Sydow v. Geddy, Harris, Franck & Hickman, L.L.P., No. CL16001318-00. Specifically, the Judge ordered Dr. Felix M. Kirven, a Virginia Beach orthopedic surgeon retained by Defendant to dispute Plaintiff’s treating physicians, to provide the following Lombard materials before his upcoming discovery deposition:

  1. Any listing of cases, of parties and/or of types of review/examinations for which Dr. Kirven has been retained as an expert for record reviews, medical examination and/or other medicolegal, within 2 years of September 22, 2017 (including without limitation any list prepared for federal court);
  1. Any billing/revenue records indicating the total amount of money Dr. Kirven has billed and/or received for his expert consulting work in 2015, 2016, and 2017;
  1. The current consulting expert rate sheet and billing terms for Dr. Kirven; and
  1. The time, billing and payment records of Dr. Kirven for this case.

Authority for Sydow ruling is Va. S. Ct. Rule 4:1(b)(4)(A)(iii). Cf., Flora v. Shulmister, 262 Va. 217 (2010).