I have noticed a couple of threads recently talking about expert witness testimony and the rates charged for said testimony. The upper limit I heard for expert witnesses like surveyors was like $400 per hour. At the company I was previously employed, expert witness rates were the highest (a bit less than $200 per hour if I remember correctly). Who pays these rates? If some is payed by your client and they ask why your rates are so much higher for expert witness testimony, what do you tell them?
If you charge the lower rate, do you then charge 100% of your prep time? I spend quite a bit of time preparing for court that I do not necessarily want to charge as plain billable time. For example, I will review my information in bed before I sleep.
No fee is too high, most fees are too low.
I can think of all sorts of reasons to charge $400 for expert testimony.
My question is, if you can bill that, why wouldn't you?
Typically you will be only paid for your time in Court or at a Deposition.
Prep time is not included.
Personally I spend at least twice as much time just getting ready and refreshing my memory, even for a phone call.
> I have noticed a couple of threads recently talking about expert witness testimony and the rates charged for said testimony. The upper limit I heard for expert witnesses like surveyors was like $400 per hour. At the company I was previously employed, expert witness rates were the highest (a bit less than $200 per hour if I remember correctly). Who pays these rates? If some is payed by your client and they ask why your rates are so much higher for expert witness testimony, what do you tell them?
Who says $400 per hour is high? I can think of some circumstances where that would be considered a real bargain.
As a profession we focus on the wrong things. Here the focus is on time and hourly rates. What we should see is the value we are providing to the client. What value is a poorly prepared witness who is uncomfortable in court vs what value is a well prepared, knowledgeable witness who is able to clearly communicate the appropriate facts to the judge or jury?
I contend we shouldn't charge by the hour for this type work. Instead I use and encourage others to use a flat fee. My terms are my $xxxx fee for any court day or any part thereof. Stand by because we might need to call you counts as a day. It takes me away from other opportunities and therefor the client compensates me.
Just my 2 cents worth.
Larry P
Cary-
You might wish to look to a simple drainage case that has been going on for quite too long and the costs: http://canlii.ca/t/fpb61
A search here http://www.canlii.org/en/ for " Kay v. Caverson," gives you a time frame.
The property is worth less than the costs I am given to understand !
Cheers,
Derek
I'm surprised nobody has explicitly mentioned anything about the "expert" part. Why are doctor and lawyer fees as high as they are? Because they are hopefully experts who know more about the subject than we do. Why shouldn't the same hold true for experts in the field of land surveying?
The people who want to win pay those rates.
I would venture to say that if an expert that is truly providing a valuable service, cannot justify their fee of several thousand dollars per court date, then they are not likely to be able to justify their fees to the client at $400 or $200, or even $50 an hour.
I've always solved this problem by quoting a "relative rate" - namely I charge 75% of the instructing attorney's charge out fee.
Nobody dare argue with this, without suggesting that the attorney is overpaid! Nobody does argue - I always get it.
>Who says $400 per hour is high? I can think of some circumstances where that would be considered a real bargain.
:good:
$400/hour is about half the average billing rate of an attorney here. Who's more valuable; the guy with the questions or the guy with the answers?
$400/hour is the current maximum allowed by the United States Department of Justice for payment of their own Expert Witnesses.
Expert Witness Rates - Why so high?>Bowtie!!
How else is your client to know the value of your work unless you charge for it, and the more you charge the more valuable it becomes!
Oh yes, make everybody know where the money goes. The lawyers take the lions share. Be an elephant to these pesky lions and stomp on them when they try to bite or scratch you.
If I sit on the witness chair, I will be examined by someone adverse to the facts I provide in most cases. "When did you stop beating your wife?"
I won't open that door without HAZARD PAY, cum laude.
For $400 per hour, there should never be a need for THE SURVEYOR if everyone is using his public record survey. If they want to second guess the plat, $400 per hour is not too much.
Too many times I see a lawyer pay a surveyor to state in court THAT his public record is valid, yes, I signed and sealed that map. Then comes "Did you make any errors on that survey?" You better prepare well for that question and many more like it, and know how you will respond BEFORE you sit as a witness, expert or otherwise.
Though your sitting in the hot seat, you must remain cool under fire.
Anyone who can do that deserves at least $400 per hour.
Expert Witness Rates - Why so high?>Bowtie!!
> How else is your client to know the value of your work unless you charge for it, and the more you charge the more valuable it becomes!
Profound man, very profound.
Think we can get more people see things this way?
Larry P
Expert Witness Rates - Why so high?>Bowtie!!
I actually that idea from this guy from S. Carolina that came up here and gave us an outstanding seminar! I wonder if you might now him? 🙂
What do you tell them? Quoting the folks at Stone Brewing- "we're not expensive, you're just cheap!'
Ever spend several days sitting in a corridor, waiting to be called as an expert witness. I have. I earned my money just from the aggravation.
> I have noticed a couple of threads recently talking about expert witness testimony and the rates charged for said testimony. The upper limit I heard for expert witnesses like surveyors was like $400 per hour. At the company I was previously employed, expert witness rates were the highest (a bit less than $200 per hour if I remember correctly). Who pays these rates? If some is payed by your client and they ask why your rates are so much higher for expert witness testimony, what do you tell them?
I guess my question is, why is your expert witness rate different than your normal billable rate? Is it that you need that level of compensation to cover for an increased level of liability that you are taking on? Or is it that you are in a position that your client needs information that only you can provide, so you can demand a higher rate? Or both? Also, does it matter if you are giving testimony on your own project as opposed to being an expert witness testifying to general surveying practice not related to one of your own projects?
I charge more than my usual fee because when I get involved in court case I become absorbed by it and I eat, breath, and dream about it until it's resolved. Or at least my part in it. Its the added stress that I charge for!