Without asking for specifics, what do you guys charge for expert witness testimony compared to your fee for a 2 man crew?
I long ago adopted the policy of quoting an expert witness fee in the form : "75% of the hourly fee charged by the instructing lawyer".
This way ensures you get a good fee, and neither lawyer nor his client can turn round and call you greedy without it reflecting on their own fees.
Invariably they come back and say something along the lines of "For the sake of clarity let's round the figure off to XX", but XX is always way higher than you hoped for!
150%
Same as a 2 man crew, but in full day increments (half day increments for preparation)
Trial work is peculiar because you can get all prepared for the trial, maybe do a day or two and then put it away for a few months before picking it up again. You have to be aware that your time to prepare for trial again is worth something. You CANNOT expect to carry that knowledge with you 24/7 for months!
I had that discussion with a client a few months ago when he questioned me about he preparation time. I had to educate him by explaining that the the survey was 5 years old and I needed to review and freshen up my knowledge on some of the particular issues in his case.
> Without asking for specifics, what do you guys charge for expert witness testimony compared to your fee for a 2 man crew?
Twice my hourly rate (that's for both research and testimony)
Since testimony fro 30 minutes can ruin the entire day, I would charge a daily rate for testimony and an hourly rate for preparation. If you are a small 2 man operation charge your normal crew rate for the day, and have your helper answer the phone, organize the truck and such. At my current job, they would bill me out at $105 per hour, portal to portal, plus travel expenses. If I have to testify for something I did on the side, I would charge $800 per day plus $100 per hour for research. I value my vacation time, and do not want use it testifying. I don't enjoy being on the witness stand so I don't do many side jobs, and our legal staff is real good at getting supeonas squashed.
> Without asking for specifics, what do you guys charge for expert witness testimony compared to your fee for a 2 man crew?
Not sure why one would connect the rate to a two-man crew... Don't see any connection. As an expert, you are being paid for your knowledge, skills and expertise that would not be found in a two-man crew.
I've got a sliding rate schedule depending upon the type of work I'm asked to perform. One rate for a Licensed surveyor, add 25% for a boundary consultant, add 50% for an expert consultant, and add 75% for expert witness testimony. IF you were charging $100 a a surveyor, charge $125, $175 and $250. Adjust your fee according to your normal rate set with the typical survey community.
The first rate is charged when performing normal surveying tasks, the second rate is for client consultations with suggested remedies to issues, the third rate is attorney consultations where they pick your brain for strategies, the fourth is for depositions and trial testimony including wait time.
Charge in advance and expect a retainer for your services.
JBS
Chris Mills suggestion is nicely diplomatic and far better than equating the fee to some proportion of a field crew rate.
However, expert testimony is usually given at a higher rate than the attorney fees for the reason that the substantive matter involved is going to be won or lost based on that expertise given in the form of testimony.
I have a rate charged for Professional Surveyor time that is different than any other time (more than two person field crew time). Court preparation is billed at time and a half that rate (the most important part). Court testimony is twice the normal rate with a minimum of one half day (even if merely on call). All court related fees are payed before services rendered. Go over the financial implications before contracts are signed to be sure the prospective client can weigh the implications and make knowledgeable decisions about settlement offers.
Finally, liability for professional negligence concerning those who put themselves out as experts is measured against a national rather than regional standard. This raises the bar considerably as you might find some textbook author pointing out an error they consider a basic, while it may seem somewhat esoteric (or not applicable) to those in your regional area. If the attorney and/or client will not authorize sufficient court preparation time, then decline the contract.
I always quote a fee that will have them get someone else or just plain say that I am not interested.
Currently, the maximum hourly rate allowed by the Federal Justice Department for an Expert Witness (working for them) is $400/hour.
You've got that right.
I am under subpoena to testify as an expert (not a boundary case). The subpoena date is May 1 but opening statements have slid to the middle of next week, so far. I will be curious to see how far it slides before I finally get up there on the stand.
Last year was my first. We charged the normal rates for research, compilation, field investigation, plan production, reprographics, etc. $90-$120/hr. We would normally charge our meeting fee for the trial ($150-180/hr), but as I attended every day of the 13-day trial, we reduced this fee to standard hourly.
As the project was for a non-profit, we gave them a 50% courtesy discount.
It was probably too fair, but the last thing we needed out there was another surveyor not performing all the necessary research. This area is a tangled mess of forgotten titles, salted monuments, adverse possession claims and bad plans...
Expert witness $425/hr.
Two man crew $245/hr
Have a great weekend!
Expert witness $425/hr. - about right
Two man crew $245/hr - bs, I don't believe it
Older link but info prob still applies.
I've always charged about 90% of what the attorney charges. This includes researching project files, preparation for meetings, any depositions, waiting in line for court testimony, and anything else I can add on. All milage, document copies, etc are additional reimbursable expenses.
I don't really see where a field crew rate would enter into anything. Sounds like a new survey, so base it on your fees. If the party chief has to testify, he will likely just be subpoenaed as a witness and not be an "expert". So be carefull with trying to cross and/or at least acknowledge that fine line that can and may be used against you.
I charge $1000 per day, two day minimum, + expenses for travel/parking/everything... or call a lowballer, matters not to me 🙂
:good:
Lucas reported on a case where the expert merely cooked up an exhibit from very bad Deeds.
Sounds like a lowballer to me?
The field crew rate does not figure in. I was hoping to get a percentage based on the rate of the field crew without giving me specific answers. i.e. 1.5 times the rate of the 2 man crew. Thanks all.
