The Leading Authority in
Expert Witness Search & Referral tm
by Lisa Fields
"An expert can never hurt you," says Shell Bleiweiss, whose offices specialize in environmental and OSHA law. "If money weren't a controlling factor, every case would have one or more experts, because they just help."
There's no doubt about it: An expert witness can make an enormous positive impact on your case. But, it can be difficult to get a handle on billing rates. Many factors play a role when you assess that perfect expert's rate--and the result of hiring an expensive expert might affect more than your client's purse.
Paul Ragusa, a partner at Baker Botts LLP who specializes in intellectual property, is of the opinion that high expert billing rates can call an expert's credibility into question. "The other side can elicit billing rates through cross-examination and make the expert out to be a hired gun."
Sometimes, not even the expert knows the appropriate billing rate: Eric Hudson of Butler Snow says inexperienced academics have asked him what they should charge. On the other end of the spectrum, Hudson says he has used experts that charge upwards of $1,000 an hour. "But, they're sophisticated professors at Ivy League institutions--and they're very good at what they do."
When so much is at stake and that much variation exists, how can you accurately assess an expert's worth?
The Expert Advisor's series on billing rates will answer any questions you have. Round Table Group has compiled comprehensive data, based on their client-expert pairings from 2006 and 2007, that reveal how--and how much--expert witnesses charge.
This first installment uncovers determining agents in expert's billing rates. Consider the following:
That's because experts with more courtroom experience are at a premium.
"A doctor who testifies often or has given many depositions, for example, can charge more than a doctor with board certification and great credentials," says Round Table Group's Nick Zafran. "Those with less courtroom experience typically charge a lower rate to break in as expert witnesses."
While experience as an expert does play a role in what they charge, there isn't a marked difference in the fees for someone with five to 10 years of experience in a given field as compared to one with 20 or more years of experience, says Zafran.
The location of an expert witness' office can indicate his rates, according to Round Table Group data. An expert from North Carolina, for example, is far less expensive than one from New York City.
Attorneys should consider experts without geographic restrictions for this reason, says Zafran. "Often, attorneys are interested in someone local," he says, "but a flight and a hotel room for an expert witness from out of town can end up costing far less for attorneys in large metropolitan areas."
Many experts charge one rate for phone consultations, document reviews and written recommendations and a higher hourly rate for courtroom appearances, which are less convenient for experts and harder to fit into their schedules, says Zafran.
This up-front lump-sum, from which the hourly rate is deducted, ensures that experts get paid, says Zafran. The average retainer today is $4,000, according to Round Table Group research.
Sometimes, an expert witness' rate may be flexible, says Zafran, so it doesn't hurt to ask.
"This is one of the advantages of working with a firm like Round Table Group," says Russ W. Rosenzweig, CEO of Round Table Group. "For clients with specific expert budgets, or for price-sensitive cases, an expert witness referral firm will locate, assess and deliver experts within a pre-determined fee range."
Zafran also noted that it can be awkward for a client to negotiate directly with an expert: "This sometimes creates an uncomfortable conflict. Firms like Round Table Group play the role of a 'third-party diplomat' to negotiate rates with experts in a way that is natural and comfortable for all parties."
Round Table Group oversees billing for its clients, which simplifies the process for attorneys and expert witnesses alike, says Zafran.
Experts who have had billing problems in the past are relieved that someone else is responsible for that aspect of the job. And attorneys appreciate the simplified, consistent bill they receive from the Round Table Group, rather than the varied invoices and time sheets that individual experts submit.
We will drill down and address rates for specific industries in issues to come. Here's a preview of our next installment, in which we'll focus on billing rates for expert witnesses in the medical field, including the following groups:
"These are the rates of the best experts in the country," says Zafran, who has been researching and compiling the billing data. "The rate averages we have are ones actually accepted by clients, so they can be a guideline for attorneys who think an expert is charging too much."
Categories
Expert Billing Rates
0 TrackBacks
Listed below are links to blogs that reference this post: 7 Factors That Affect Expert Witness Billing Rates: Get the Best Deal
TrackBack URL for this entry:
http://www.roundtablegroup.com/movabletype/mt-tb.cgi/17
Post a comment
This page contains a single entry by posted on August 15, 2007 2:50 PM.
The Expert Advisor, Issue 3 was the previous post in this blog.
Expert Witness Washouts: Three Lessons Learned is the next post in this blog.
Find recent content on the main index or look in the archives to find all content.
