Being called as a witness.....opinions

Remember, Attorneys and Accountants prefer that you have only one rate and that rate applies to everything. Standby, research, deposition, testimony, travel, etc. - different rates for each are a big annoyance. Same rate for everything.

As an Expert, note that the current maximum hourly rate (for everything) allowed by the U.S. Federal Justice Department is $400/hour.

Most professionals do NOT care what you charge for your time. If you don't give a rat's behind and you charge chicken feed, they will not think much of you. Charge what your Mother thinks you're worth.

Fact witnesses cannot charge. They don't bring records either. They testify as to what they remember. Period.

The opinions of an Expert are accepted as Scientific FACT. That's why the big bucks.

Don't fall into the trap of letting them call you as a witness to fact (no fee).

Any question which could not be expected to be answered by a non-surveyor lay witness, but could be answered by you in your capacity as a surveyor, would be expert testimony to be compensated as Cliff has explained.

Type in "expert witness" in the search box at the upper right of the screen. You will get plenty of info on the subject.

Much higher rates can be paid if approved by the court and/or your client wants to win. My brother works for attorneys video taping depositions. He stated that it is not uncommon for some of the Physicians to garner several thousand dollars per hour.

From Expert Witness Fee Study

“…average hourly fee for in court testimony for all non-medical experts is $248. The average hourly fee for in court testimony for all medical experts is $555…”

In Court Testimony (hourly): High: $7500 Low: $75 Average: $385 Median: $300
File Review/Prep (hourly): High: $1000 Low: $0 Average: $254 Median: $240
Depositions (hourly): High: $3000 Low: $0 Average: $353 Median: $300

But only if you were a licensed practicing surveyor. Or the person in responsible charge. Not a crew member on a survey crew.

John-

Basic rule is to not advocate but to put your objective wisdom in the Court's ear as simply as possible.

Here's a link to a piece that may assist: http://www.thomsonrogers.com/expert-witnesses-new-duties-0

What you are trying to do is to get this response from the Judge as in paragraph 21 that I've taken from our files with names removed:

[20] These are simply included to indicate how far Mr. "X's" performance, in his expert reports and in his evidence as an expert witness, is from the objective approach we are entitled to expect from experts, which we are continuing to try to encourage by the requirement in the new Rule 53.03 of the execution of an acknowledgement of expert’s duty; interestingly, Mr. "X" did in fact sign one on April 25, 2012.

[21] "Y" also signed a similar acknowledgement, and both by his demeanour and his evidence, it was clear that he takes it seriously. He is an experienced Ontario Land Surveyor who completed surveys of the lots in question with a particular emphasis on grading and his surveys are found at Tabs 6 and 7 of Exhibit #2. His evidence was very useful and not seriously challenged, and I have not the slightest reason to doubt either his credibility or his reliability, nor indeed, his expertise in his chosen field

Good Luck !

Cheers,

Derek

> Don't fall into the trap of letting them call you as a witness to fact (no fee).
>

I was called as a fact witness in one case and received the statutory $35 for it. 150 miles round trip without compensation for drive time or mileage, a couple hours sit around and wait time.

On the stand, the attorney asked a few questions about monuments I had found as depicted on my record of survey, and about locations where I set BMs for the site excavation. All factual stuff that I could answer by pointing out notations on my map or stating "We found a 1" capped iron pipe at this location", or " We set three benchmarks at various locations in the gravel pit".

But when he asked about which monuments mark the boundary, I responded "Are you asking my opinion as to the validity of those monuments?". After a little back and forth with the attorney to establish that I was being asked for my professional opinion, the judge said "What are you getting at Mr. Page?"

I explained that I had been called as a fact witness even though I had been designated as an expert witness, and that I had run into some difficulty getting my full fee paid as an expert.

The judge declared me an expert and admonished the attorney to ensure that my full expert fee in a timely manner, including prep, standby, and expenses.

Beautiful.

> The judge declared me an expert and admonished the attorney to ensure that my full expert fee in a timely manner, including prep, standby, and expenses.

Well played.

So you were called as a fact witness, but were designated as an expert witness? Was that some slight of hand maneuver by an attorney?

It was my first time as an expert witness. My client's attorney designated me an expert pre-trial without ever contacting me or entering into a contract with me. I was somewhat confused as to how to set up the contract and with who. (I know better now)

I testified in deposition as my client's expert. No problem getting paid for actual testimony time from opposing counsel. My client argued and dragged his feet in paying me for prep and expenses. His attorney ignored my repeated calls and emails regarding a contract, so I continued by change order to my original client's contract. Took a couple of months to get paid.

Several months later, it's in court. I had heard nothing from my client or his attorney as to needing me in court. Opposing counsel subpoenaed me as a fact witness in court. Opposing counsel was the only one to question me.

I don't really know why I was there at all. As far as I could tell, my testimony neither helped nor hurt either side.