How to Improve Your Chances of Getting Paid for Your Work as an Expert Witness

How to Improve Your Chances of Getting Paid for Your Work as an Expert Witness

When I first started my role of expert witness, one of my first questions was, "how much I should charge?" At the time, I was doing other consulting so I just charged the same consulting rate. As I discovered, rates for expert witnesses generally exceed standard consulting rates. If you do a quick search on Google for expert witness consulting rates, you will discover what your competition charges. Some expert witness servicing organizations also publish lists of rates, ranging from low to high, that exist for your specialty.

It bears repeating that rates do vary according to your specialty, and your background. If you're a new expert witness, pick a rate near the lower end of the range. You can plan to increase that to the midrange after several cases, and then into the higher range after additional cases. Reassess your rates every year or two, adjusting them upwards in concert with your growing expertise and with normal inflationary pressures. Naturally, if economic conditions warrant it, you can reduce your rates.

By and large, expert witnesses charge for their time by the hour, although some experts in high-priced medical specialties charge by the day. I do not advise using a flat daily rate, independent of number of hours worked, although I do suggest a minimum daily rate for travel days. When I travel away from the office, my fee schedule specifies that I will bill my hourly rate, but with at least eight hours charged for any day that I am away from my office on my client's behalf. A minimum daily rate guarantees that you will receive payment for at least a typical eight hour workday. If the attorneys turn your day into twelve or fourteen hours, you may charge them for twelve or fourteen hour's worth of service at your hourly rate.

Whether by the day or the hour, the rates depend in part on your industry and in part on your background, credentials, and expert witness expertise. A neurosurgeon might well command $1000 an hour or $10,000 a day, while another expert in a specialty that does not require the same years of academic study may only earn $100, $200 or $300 an hour.

Charging the same hourly rate for your time, regardless of the activity, values time evenly. Though testifying in court is more stressful than reading case materials in your office, those activities take time so it is logical to charge a consistent hourly rate for that time. Experts who vary their rates usually charge more for testimony time, which everyone recognizes can be stressful and challenging. So if you do charge varying rates for your time, upping the fee for testimony time will be the most palatable.

Some attorneys may ask to pay a lower rate for travel time but could be willing to pay a higher rate for testimony time. While some experts do reduce their travel rate, others do not. The ones who do not reduce for travel generally explain to the attorneys involved that they work on materials for the case while they travel. This makes the travel time argument moot, and lets you use the time efficiently.

You determine your rates. Some experts charge less and sometimes half the normal rate when they are traveling to and from an activity. These same experts may charge twice as much for testimony time. Most experts charge door-to-door for travel time.

I cannot say whether these variable rates produce more work for experts, but, in my qualifications, reducing rates for travel time does seem to be well received.

Another interesting consideration arises when a client wants you to offer a flat rate. sometimes, you can set a fair and flat rate for a laboratory exam, or a specific scientific or medical test or procedure. It is reasonable to offer flat rates for those services. However, do not accept or offer a flat rate for general services. It is nearly impossible to ascertain in advance the number of hours you will have to spend doing research or analyses or tests or reconstructions for a case. After you begin your work on a case, it's also likely that the attorney will ask you to do additional tasks beyond those discussed in your initial discussions. You should make sure that the phraseology of your retainer agreement covers your fees for any such additional work.

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