I find being questioned by an attorney odious, I don't like doing things I find odious, I charge more to do things I don't like 😉
Expert Witness Rates - Some Factors to Consider
How much time will you spend on preparation, review, travel, or testimony?
How does your knowledge of the case make your opinion matter? Are you the only person with the answer?
Is the matter at hand a specialty of your practice?
How much of your regular daily or weekly income will you lose due to your duty to this matter?
How will the time taken for this case impact upon your other clients?
What are the potential pitfalls should your testimony/opinion be contested (rightfully or not)?
If it's worth going to court at all over a surveying issue (or any other issue), then it's worth finding the best expert and paying whatever they charge.
Yes, the expert may cost more than the attorney, although that would be rare. But the substantive issues are won or lost on the experts testimony. The procedural issues are won or lost on the performance of the attorney. You can't win without winning both procedurally and substantively. Good attorneys encourage the best experts regardless of fee; poor attorneys go to court without an expert.
So, answer to your question; smart people who want to win when going to the expense of a court case are the ones who will pay high fees for experts with resume's to back up their expertise.
Surveyors starting out might consider lower rates until they establish a record of success. If you charge the higher rates and botch it, the attorney is not going to miss that fact. Not that you have to win, but you have to do certain things properly or your high fee could be legitimately questioned.
I charge time and a half for court preparation, double time for court with half day minimum (including on call). Payment for prep. time and the half day minimum before any testimony given. Still only half of what doctors charge, but their cases tend to be millions rather than 10's or 100's of thousands.
No way I would charge a fixed fee, and no way I would not charge for and require preparation time. No prep. time, find someone else.
I have an appointment coming up to meet with my client, the opposing atty. and I don't know who else, in preparation for a potential court case. That seems to me just as odious as expert testimony. I don't expect my survey will be challenged, but we will see.
Any thoughts on fees for that?
Why is it when a Surveyor asks another Surveyor what his rates are, if the another guy is charging less, then the surveyor is like wow I guess I better lower rates.
But if a lawyer or any other professional services finds out someone else is charging more, they are like you ask and get that much, wow I better raise my rates
We are higher to either make the seller/buyer money or protect their investment.
I have been told many times what how much for a survey, but they go out the next day and buy a front door 3 times the cost of a survey.
why is your expert witness rate different than your normal billable rate?
I have to shine my shoes, put on a suit and tie, and that is aggravation enough for starters. I have never let an attorney dress better than I do.
I have noticed the older, most experienced Land Surveyors charge less which is backwards.
It's like they set their rates on day one of their practice then never raised them ever.