Expert Witness Fees

What you charge should be related to the value you provide for the client.

As for what your charges cover, negotiate that with your client and the legal team.

Just beware of the trap of .... "Be ready to testify on Wednesday. We will call you if we need you"

My fees for legal consulting call for paying me to stand by just like I was actually there testifying. Being ready comes with an opportunity cost to you for which you should be compensated.

Larry P

Maximum the U.S. Department of Justice will pay is $400/hour for an Expert Witness. Current practice for people that do a lot of that sort of work is same fee for everything, including round-trip travel. Expenses and other out-of-pocket fees are charged at exact reimbursable amounts when accompanied with receipts.

How much you charge between nothing and $400/hour is based on your experience & workload.

Many years ago, I started out at $75/hour.

Depends on the surveyor, as with all other experts. If it's worth going to court, it's worth whatever the best expert you can find is charging. The best will not always be the most expensive, but it's a good idea to avoid those who are much less expensive. Unless of course you know you have a losing case and are just looking for someone you can tell what to say.

In today's economy, if it's not going to cost a few thousand dollars then you're better off not going there.

I will often impose a rate for the research, surveying, drafting, preparing exhibits and so on. I will impose a higher rate for teaching the attorney, meeting with the litigation team and otherwise. My rates in court will increase and my rate to testify will increase further.

I take notes of the testimony and provide those to the attorney. I am also willing to modify exhibits in the evening to counter testimony heard that day.

I have one trial for a non-profit who received a 50% donation for all of my services.

Be aware that you are unlikely to be called as an expert by the Department of Justice.

You are more likely to be called by the other side. The gubmint' can bring in BLM, USFS, etc. surveyors without the fee to testify in most of their suits. You are free to negotiate whatever fee you seek with your client.

I hesitate to even mention a fee in dollars here as surveyors have been targeted in the past for price fixing by the Justice Department (as Dave Barry would say, I am not making this up). It's much safer here to discuss suggested hours and expenses billed rather than actual recommended fees or rates.

Among surveyors who regularly provide expert witness services, I most commonly see a fee structure that charges their standard rate for general survey work for preparation and standby, and a rate that is somewhere between 1.5 and 2.25 times their standard rate for time spent in actual court or deposition testimony, together with reimbursement of expenses. A 4 hour, or sometimes 8 hour minimum also seems to be typical.

In my part of CA, I know of surveyors who charge as little as $150/hr for testimony and at least one who charges $450/hr. Individual rate depends on several factors, including experience, reputation, region or location of practice, and self recognition for the value one is providing to the client.

Thank you all for your responses. Of course I was looking for "suggested" fees and I got the input that I was looking for.

Can anyone supply a "suggested" agreement that states a scope of expert witness work?

If contacted by DOJ, is there any specific contractual issues that one should be aware of?

Thanks for your input.