Expertr testimony fees 3

[jim57]

I am receiving grief by an opposing attorney that wants to depose me but not pay my rate for expert testimony. I charge double my regular rate. I feel it is justified because there is a lot of time spent maintaining my expertise that is not billable, provide undivided attention during the testimony and cannot answer calls or questions (work 4 billable hours on a project over a 6 hour period), etc., must devote most of my day to the testimony as there is need for recovery, combat pay, this is a higher level of engineering. You charge less if a project has to go out and you spend time drafting instead of your draftsman. Any thoughts, comment,s or additional reasons for higher hourly rates that I can present?
Thanks

 

[Ron]

I make no distinction between testimony and my normal rate...time is time (about 65% of my time is spent in forensic/expert work). Many consultants and experts do as you are doing, I've just found it to be too cumbersome. The attorney would have probably paid an elevated hourly rate for all of your work without batting an eye...just when you try to double the rate for testimony that raises their ire.

 

[dik]

With litigation issues, I usually increase by charge out rate by approximately 80%.

Dik

 

[fattdad]

I never increased my rate for expert testimony.

f-d

¡papá gordo ain’t no madre flaca!

 

[boo1]

What do lawers charge?

 

[JedClampett]

Experts cost a lot. That's what makes them an expert.
Tell the lawyer he can hire someone from "Experts R Us"

 

[msquared48]

Just tell the opposing lawyer... "Oh, and I require full paymnent in advance."

Mike McCann
MMC Engineering

 

[cvg]

this is the opposing attorney. not sure how he comes off thinking he can get you to adjust your fees lower just for him. from my experience, trial attorneys can be incredibly egotistical and not hesitate to try any tactic to save or make money. tell him the rate is the same for all comers, take it or leave it.

 

[msquared48]

Also, you could tell him that you will accept a fee that is $1 per hour higher than his hourly fee.

Mike McCann
MMC Engineering

 

[msquared48]

Or... Who died and put you in charge of my fee schedule?"

Mike McCann
MMC Engineering

 

[dhengr]

Ask the attorney what his hourly fee is, and promise not to exceed that rate. After all, you are actually offering some real honest insight into technical matters of the case, and you’ve sworn to tell the truth, unlike his obfuscation and paper shuffling, for his dollars.

 

[civilman72]

Or tell the attorney if he's trying to save money on expert fees to find someone that "stayed at a Holiday Inn Express last night."

I think doubling your fees is pushing it, but once you set your fee, don't change it for the sake of an attorney. I could see it giving him a feeling of control right from the start.

 

[Ron]

All of this is usually governed by the Rules of Civil Procedure in your area. If this case is in Federal Court, you probably have a bit more protection. In state or circuit courts, the rules are more localized. Some of these issues are handled on the front end by agreement among the attorneys/judge in something known as a case management conference/order. In general, unless otherwise agreed, your client pays for all your time EXCEPT your deposition time when set by opposing counsel. The opposing attorney is generally required to pay for your time at deposition, but not for preparation time. How you charge for your time is your business, as long as you can prove precedent for your charges. They would be looking to see if you gouged them for your time as compared to similar circumstances in other cases.

It doesn't matter if the opposing attorney gives you grief about your fee. His job is to give you grief about everything! Take his attitude as a forewarning that he will query you ad nauseum on the issue during your deposition. He will likely re-issue a subpoena that will include all your records, including time records, on this and other similar projects.

Check with the attorney you are working for and let him know the opposing attorney's attitude. He should be running interference for you since he has a vested interest in your project satisfaction.

 

[stanier]

Tell the attorney you have a friend in the tax office who will do a thorough and full audit of the attorney's affairs. That should take his attention away from your fees.

“The beautiful thing about learning is that no one can take it away from you.”
---B.B. King

http://waterhammer.hopout.com.au/

 

[JedClampett]

I just went to a company presentation where they gave our standard rates. At the bottom of the sheet it said expert testimony was double the normal rates.
Think of it this way. When you give expert testimony you're very likely criticizing a peer's work. Just the bad karma involved should allow you extra reward.