Noonday Therapeutic Center

“READ YOUR CONTRACT CAREFULLY BEFORE SIGNING The agreement presented to me required a credit-card authorization of up to $250 and permitted charges to be made to the card on file. It also listed a prorated rate of $140 per hour for certain work performed outside counseling sessions, including treatment summaries and other services. In my experience, receipts were not automatically provided for charges, and I had to request supporting documentation. Which due to the broad nature of the contractual terms, could include sending receipts or billing statements. The agreement also stated that clients could be charged $300 per hour for court-related preparation and attendance, including when the counselor is subpoenaed by an outside party. I found that provision especially concerning because it appears to place potentially substantial costs on the client even when the client did not request the counselor’s involvement in the litigation. Alabama Code § 12-19-131 provides that witnesses in civil cases are allowed $1.50 per day, plus five cents per mile traveled to and from their residence, whether attending under subpoena or at a party’s request. Ala. Code § 12-19-131(a). That statutory amount is the ordinary civil-witness attendance and mileage allowance. It does not necessarily resolve whether a counselor may separately charge for professional preparation, consultation, record review, deposition time, or expert testimony. Alabama State Bar Formal Opinion 1997-02 recognizes that an expert witness may receive a reasonable, usual, and customary fee for preparing and providing expert testimony, so long as the fee is not contingent on the outcome. The opinion also distinguishes expert testimony from ordinary fact-witness testimony. Yet, the contract pushes this cost to the patient or financial responsible party. Alabama Rule of Civil Procedure 45 governs subpoenas and requires the person responsible for issuing and serving a subpoena to take reasonable steps to avoid imposing an undue burden or expense on the person subpoenaed. The court may quash or modify a subpoena or impose appropriate protections. However, Rule 45 does not automatically establish that every private agreement concerning litigation-related professional fees is valid nor invalid. My concern is not merely that the agreement charges for professional time. My concern is that the contract appears to require the client to pay a substantial hourly rate even when an opposing party or another outside person causes the counselor to be subpoenaed. In my opinion, whether that provision is legally enforceable would depend on the exact language of the agreement, the nature of the testimony, whether the counselor is acting as a fact witness or expert witness, the reasonableness of the fee, and the circumstances in which the provision is applied... not a contract that is used to circumvent due process in this type of situation. My concerns were also based on my personal experience with management. An office staff member sent me information and told me that it was "Ok" for me to call back to discuss the information sent. When I called back, my call was not answered. When I later spoke with Vice-President Britton Gregerson, I felt that her manner was dismissive and condescending. During that conversation, she stated words to the effect of, “I apologize if you are having difficulty understanding.” Services were ultimately terminated after we declined to accept the agreement. In my opinion, the fee provisions were excessive, the communication from management was unprofessional, and the agreement appeared designed to shift unusually broad financial risks to the client. In my opinion, the agreement also appeared structured to circumvent insurance by categorizing significant amounts of work as separately billable, out-of-session, administrative, or court-related services. I am not stating that the practice unlawfully avoided insurance coverage; rather, this is my opinion based on the wording of the agreement and the charges it authorized.”

“Noonday is truly doing the Lord’s work! So thankful to have them in our community!”

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