Posted by Chris Crone on April 25, 2008 9:29 AM |Permalink|TrackBacks (0)

by Lisa Fields

Your client believes that a competitor's new product infringes upon its patent. You need to find an expert witness to determine whether or not the allegations are true. How can you find a top quality expert with the specific knowledge you need?

Dennis Crouch, an Associate Professor of Law at the University of Missouri, recently conducted an analysis regarding patent litigation.  His findings indicate that our fictional product infringement description above is a very real problem for many practicing patent attorneys.  He observed that the number of patents being litigated has substantially increased over the last 20 years. "More complaints are being filed and more patents are being asserted with each complaint."    

One way to help ensure that your patent cases reach a successful conclusion is to seek help from an expert witness referral firm such as Round Table Group (RTG).  Round Table Group fulfill requests for patent experts more often than any other type of expert, says RTG's Nick Zafran, who has been researching and compiling the company's extensive billing data.

RTG's research has shown that patent experts bill for more hours than any other category of expert witnesses. "A medical expert often reviews a single person's medical file," says Zafran, "but for patent experts, there can literally be hundreds or thousands of pages of documents to review."

Top-four fields and their rates

When seeking a patent expert, consider billing rates for the top-four fields:

1.    Computer scientists.

They examine computer systems, Internet protocols, software source code and operating systems--and earn an average of $425 per hour, according to Round Table Group data.

"They're the most in demand, and the stakes involved in these cases are a lot higher," says Zafran, "so they feel that their rates can be higher."

2.    Biomechanical engineers.

These experts review cases dealing with medical devices like heart valves and stents and earn an average of $386 per hour. "It's a very big area now, especially for us," says Zafran.

3.    Electrical engineers.

They consult on cases that involve electrical devices, among them circuit boards, semiconductors and electronic power systems. These experts earn an average of $353 per hour, according to RTG data.

4.    Mechanical engineers.

Cases typically involve mechanical devices such as pulley systems or automotive components, and engineers earn an average of $291 per hour.

Technical jargon translation

Patent cases usually settle, says Zafran, but attorneys nonetheless seek experts who can translate technical jargon into layman's terms. Round Table Group can make this step of the process easy.

"We can set up a phone interview so an attorney can get a sense of how well someone speaks," says Zafran. "If you went to one of the standard free lists to find an expert, you're not going to get that."

Attorneys also seek experts who have some--but not too much--experience. "They prefer experts that have specific expertise without appearing to be a hired gun," says Zafran.

"Finding someone who has experience with your product who doesn't go from case to case is hard to find on your own."

It is important to note that expert services firms commonly present a rate higher than what an expert demands. The amount varies but is typically around $100. In exchange for this, expert services firms locate and vet hard-to-find experts in all specialties. These experts, at the top of their field, are often not listed on any free "expert" databases.

Predictions for expert billing rates

This concludes The Expert Advisor's series on expert witness billing rates, but we'd like to leave you with a forecast for the future of the topic at hand.

The following trends should surface in the coming months or years, according to Round Table Group research:

•    Billing rates should start moderating.

Expect expert witnesses' rates to stabilize or even drop slightly, says Zafran. The main reason? "Competition for jobs," he says. "That's going to keep rates where they are or bring them down a bit, across all categories, except maybe very high-end surgeons with specific expertise."

•    Lending experts will be in demand.

More litigation surrounding mortgage lending should surface in the near future, says Zafran. "Experts who at one time worked in high-level lending positions are going to be fairly high in demand," he says.

To learn more about expert witness billing rates, or to source an expert witness for a case, get in touch with Round Table Group by calling 312-280-1930 or emailing expertadvisor@roundtablegroup.com.

Posted by Chris Crone on October 31, 2007 10:22 AM |Permalink|TrackBacks (0)

by Lisa Fields

You need a physician to testify as an expert witness in an upcoming trial, but not all doctors charge the same hourly rate. Will you know enough about your expert's specialized field to be able to negotiate her fee?

Round Table Group (RTG) can help. It has determined which specialists are most often requested and what they charge per hour, on average, based on RTG's client-expert pairings from 2006 and 2007.

"Doctors rank number one as far as what our expert witnesses charge," says Round Table Group's Nick Zafran, who has been researching and compiling the company's billing data.

"The average hourly rate for doctors is $551. Practically all of the doctors are specialists, since they're needed more often than general practicing doctors."

For billing insights, review the following details about the Round Table Group's top-five most requested physician-specialist categories:

1. Surgeons

These doctors are requested most frequently by RTG clients. Surgeons are almost exclusively sought after as expert witnesses for medical malpractice cases, and they average $625 per hour, according to Round Table Group data.

"This figure includes some brain surgeons and heart surgeons," says Zafran, "which may explain the high rate."

2. Cardiologists

Medical malpractice is also the top reason why heart doctors are sought after by attorneys, according to Zafran. Cardiologists average $560 per hour, although their rates (as well as all physicians' rates) fluctuate by geographic region.

3. Oncologists

Some--but not all--cases for which oncologists are requested are medical malpractice lawsuits. Oncologists average $580 per hour, according to Round Table Group data.

4. Psychiatrists

Per Zafran, most psychiatrists who are matched with clients through Round Table Group are asked to determine whether individuals are considered mentally stable. Psychiatrists average $423 per hour, according to RTG.

5. Infectious disease experts

These experts are sought after less frequently than the above-mentioned specialists, says Zafran, but the infectious-disease specialty sits squarely in the top five.

There is no clear litigation category for which these doctors are requested; cases seem to vary. Infectious disease experts average $508 per hour, according to Round Table Group data.

It is important to note that expert services firms commonly present a rate higher than what an expert demands. The amount varies but is typically around $100. In exchange for this, expert services firms locate and vet hard-to-find experts in all specialties. These experts, at the top of their field, are often not listed on any free "expert" databases.

Hourly rate increases with uncommon knowledge

Physicians' hourly rates tend to rise within specialties, says Zafran. Uncommon knowledge tends to command higher rates.

"The more specific a case is, the more expert witnesses can charge," explains Zafran. "If an attorney needs someone to be familiar with a specific rare medical procedure, the expert will charge more than a generalist, since fewer people would have such expertise. This is true even among the specialist categories."

Other reasons why physicians may charge higher-than-average rates: They're well-seasoned expert witnesses with extensive courtroom experience who feel they're worth more to attorneys--or they have extremely busy hospital or academic schedules and feel it isn't worth their while to consult for less money.

 "But everything in this business is negotiable," says Zafran, "so look through experts' CVs and choose someone you want. Round Table Group is willing to work with you on fees."

The series continues

In our next issue, we'll focus on billing rates for expert witnesses who testify about patents. Of note:

• The number-one expert-witness request that Round Table Group fields is for patents cases.
• Most frequently, patent attorneys seek electrical engineers or computer scientists with academic posts to determine whether products infringe on patents.
• Attorneys also seek expert witnesses who can determine whether their clients' projects are legitimate, especially those who can evaluate electronic devices or source code for computer software.

Posted on August 15, 2007 2:50 PM |Permalink|TrackBacks (0)

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:

1. Fees can vary widely among experts within the same field.

   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."

2. More work experience in a given field doesn't equal a higher rate.

   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.

3. Geography dictates rates.

   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."

4. Rates may vary based on the work required.

   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.

5. Most experts ask for a refundable retainer.

   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.

6. It's possible to negotiate fees.

   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."
   

7. Round Table Group makes billing easier.

   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:

• Doctors--the majority of whom are specialists, such as surgeons or oncologists--charge an average rate of $551 per hour

• Medical device experts--typically mechanical or biomedical engineers--charge an average rate of $390 per hour

• Nurses--who can testify about procedural issues--charge an average rate of $365 per hour.

"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."

Continue reading 7 Factors That Affect Expert Witness Billing Rates: Get the Best Deal.