Case Retention
I welcome telephone discussions and correspondence with attorneys seeking to determine the viability of a case. Such preliminary communication is necessary for me to make a decision on whether or not to serve as a consultant or potential expert witness in litigation. I have worked diligently to cultivate a reputation for integrity and objectivity and will provide my best assessment of the strengths and weaknesses of your case against a backdrop of current and prevailing national standards.
Case Preparation
Once retained in a case, I require a $6,000.00 non-refundable case preparation fee. The full preparation fee must accompany the initial materials forwarded for review. This sum covers, in its entirety, all work necessary up to the time I am placed on standby status for trial testimony. The fee is based upon an estimate of the average amount of time necessary for case preparation (20 hours at $300.00 per hour). Additional fees will only accrue on exceptional cases (those requiring substantially more than the usual time commitment) and only with the prior approval of the retaining counsel.
Flat Fee System
I use a flat fee system for the following reasons:
(1) You know from the beginning the costs your
firm will incur;
(2) I want to encourage my clients to send me all the necessary information about
their case and not withhold materials to hold down billing;
(3) and the flat fee system keeps me from having to keep tedious and extensive records.
Per Diem and Travel
I charge $100.00 per hour for travel and a flat fee of $300.00 per day to defray the costs associated with lodging, meals, and ground transportation, along with the costs of first-class round trip travel are due at my office 72 hours before a scheduled deposition, site visit, or trial. I do not bill and do not begin travel until all per diem and travel fees have been received.
Depositions
When opposing counsel elects to depose me, they will have the option of doing so at my office or elsewhere. I charge a flat fee of $1,500.00 to the counsel requesting the deposition if taken within a 50-mile radius of my office’s location. The same fee applies to videotaped depositions and depositions taken by telephone. Depositions conducted at the location of opposing counsel are $2,500.00, plus travel and per diem expenses. This amount is based upon travel time, and actual time at deposition. It is necessary for counsel requesting my deposition to make all arrangements relative to securing court reporters and physical facilities for the deposition at either location. I require that all fees in connection with depositions be paid in full prior to the deposition being taken. When requesting counsel elects to depose me at a location other than my office the travel costs, per diem, and deposition fee must be received at my office before travel will begin. I will provide an itemized invoice reflecting the required sum. I rely upon the counsel with whom I am working to communicate my fee policy to the opposing counsel and to assure, in advance, that payment arrangements have been made.
On-Site Visits
On occasion, it is necessary to visit the location where the incident that is the subject of the litigation occurred. In the event this visit is deemed to be necessary in preparation for deposition or trial, the fee is $2,000.00 for each on-site day, plus travel and per diem. There is no charge for an on-site visit that is scheduled at the same time as another fee generating action (deposition or trial).
Trial Testimony
In the event a case proceeds to the trial stage, my fee for trial appearance is $2,500.00 per trial day, plus travel and per diem expenses. As in the case of depositions, I will provide a detailed invoice reflecting the sum due. The full invoice amount must be received at my office 72 hours before my scheduled testimony. Travel will not begin before the fee is received. If, for any reason, I should be unable to testify on the scheduled date after already arriving at the trial location, there will be an additional fee of $2,500.00 for each unanticipated day or portion thereof. The fee for additional trial days is due and payable at the time incurred.
Standby Status
Recognizing that trial calendars do get changed, I will make every reasonable effort to accommodate scheduling changes. However, because I must clear my work schedule and prepare for my expected trial testimony, I will consider myself on standby status beginning 72 hours before my scheduled testimony. Cancellation after the standby period begins will result in a refund of all travel expenses, unless airfares have penalties, and per diem but only 50% of the trial fee.
Notice
The publication, listing, or designation of my name as an expert in a case without my express permission and formal retention is strictly prohibited. Any violation will be considered retention and will result in subsequent invoicing for my normal fee.