Expert Witness Fees
SEAK, Inc.
www.seak.com
Excerpted
from the text
SEAK, Inc. National Guide to Expert Witness Fees and Billing Procedures
Expert Witness Fees By Area of
Expertise
The survey includes responses from
over 1,000 expert witnesses in over 300 areas of expertise, from Accident
Reconstruction to Wound Care. This is the most comprehensive study ever
conducted on expert witness fees.
There was significant variation in fees amongst different areas of expertise. Medical expert witnesses are on average better compensated than non-medical expert witnesses. The 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. Medical expert witnesses on average earn more than double (124% more) what non-medical expert witnesses earn. 45% of all responding experts were medical experts and 55% of all responding experts were non-medical experts.
Surprisingly, less experienced experts generally charge more than experienced experts. The median hourly rate for all experts for in court testimony was $300. The median hourly rate for experts who have been testifying 1-5 years was $350 and the median hourly rate for experts who have been testifying 26+ years was $275.
Expert Witness Fees for Trial, File Review and
Depositions
On average,
experts charge significantly more for their time while testifying at
trial and deposition than their time while conducting file reviews and
preparing. The average hourly fee for all experts was $385 for in-court
testimony, $353 for depositions and $254 for file reviews and
preparation. The average hourly fee for trial testimony is 52% higher
than the average hourly fee for file reviews and preparation.
Minimum Expert Witness Fees for Depositions and Trial
A majority of all experts (58%) charge a
minimum number of hours for depositions and trial testimony. Medical
experts are far more likely to charge such a minimum. For example, 72%
of medical experts have a minimum deposition charge. Only 46% of
non-medical experts have a minimum deposition charge. The median
minimum charge for all experts was 3 hours for depositions and 4 hours
for trials.
Expert Witness Cancellation Fees for
Depositions and Trials
45% of all experts have a cancellation
policy whereby they retain all or portion of a deposition or trial
appearance fee for cancellation made within a certain specified time
prior to the scheduled date. Medical experts are far more likely to
have such a cancellation policy. 69% of medical experts have such a
policy, whereas only 25% of non-medical experts have such a policy.
This may be reflective of a physician’s inability to fill up his/her
calendar with patients after cancellation is made on short notice.
Expert Witness Depositions
20% of all experts report opposing counsel
having failed to pay them for at least part of the expert’s deposition
fee in the last five years. To avoid this situation, 48% of experts
require advance payment from opposing counsel for depositions. Where
the time of the deposition exceeds that prepayment amount, the vast
majority of experts (77%) proceed with the deposition. However, a
sizeable minority (23%) obtain payment before proceeding further. 38%
of experts who require written retainer agreements include a clause in
that agreement whereby retaining counsel agrees to pay for all
deposition charges.
Expert Witness Retainers
The vast majority of all experts (73%)
obtain some sort of up-front retainer. The median amount of this
retainer is $1,500. Non-medical experts are significantly more likely
to require a retainer than medical experts. 79% of non-medical experts
require an up-front retainer, whereas only 65% of all medical experts
require an up-front retainer. Requiring a replenishable retainer is a
one way to guarantee payment by retaining counsel. Of those experts
requiring retainers, 69% use one time retainers and 31% use
replenishable retainers.
A problem commonly faced by experts is being named as an expert in a case for the sole purpose of “conflicting the expert out” and denying the opposing sides the expert. One way to mitigate this problem is to require a nonrefundable retainer prior to reviewing any documents or doing any work on a case. 44% of all experts who require a retainer have their retainer be non-refundable.
Expert Witness
Written Fee Agreements
One of the most interesting facts is that less than half (46%)
of all expert witnesses require retaining counsel to sign a written retention
agreement. Non-medical experts are much more likely to require
retaining counsel to sign a written fee agreement (58%) than medical
experts (31%).
Expert Witness
Collections Troubles
A significant number of expert witnesses reported retaining or opposing counsel
failing to pay one of their bills in the preceding five years. Experts
were far more likely to report collection difficulties with retaining
counsel than with opposing counsel. 46% of all experts reported having
retaining counsel fail to pay a bill in the last 5 years, whereas only
20% of experts reported that opposing counsel failed to pay a bill in
the last 5 years.
SEAK, INC. NATIONAL EXPERT WITNESS FEE SUMMARY DATA
Responding Experts
Witnesses: 1030
Years Testifying:
High: 75 Low: 1 Average:
15.6
Median: 15
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
Min. Charge for
Depositions :
58%
Hours in Minimum: High: 12 Low:
1 Average: 3.1 Median: 3
Min. Charge for
Trial: 58%
Hours in Minimum: High: 20 Low:
1 Average: 4.2 Median: 4
Cancellation Fee
for Depositions or Trial:
45%
Deposition Payment in Advance: 48%
Up Front
Retainer: 73%
Retainer Amount: High:$15,000
Low: $150 Average: $1967
Median: $1500
Type of Retainer:
Refundable:
54% Partially Refundable:
2%
Non-Refundable: 44%
One Time:
69% Replenishable: 31%
Depositions That
Exceed Paid for Time:
Get Payment before proceeding:
23%
Proceed without immediate payment: 77%
Out of Pocket
Expenses Marked Up: 19%
Markup Amount: High:40%
Low: 3% Average: 14%
Median: 15%
Out-of Pockets
Billed For:
Mileage: 68%
Airline Tickets: 83%
Photocopies: 44%
Telephone Calls: 38%
Lab/Testing: 41%
Photos: 45%
Demonstrative
Aids: 48%
Travel Billed
Portal-to-Portal:
86%
1st Class Airfare Required: 10%
Require Signed Written Fee Agreement: 46%
Terms Contained
in Expert Witness
Fee Agreement:
Lawyer
is responsible for fee, not lawyer’s client:
66%
Interest for delinquent accounts: 55%
Out-of-pocket
expense policies: 78%
Retainer/prepayment requirements:
83%
In-court testimony minimum fees: 59%
Retaining
counsel will pay for all deposition charges: 38%
Fee
schedules: 82%
Attorney’s fees if forced to sue for
collection: 48%
Portal-to-portal travel time: 62%
Deposition minimum fees: 52%
Payment for preparation time:
65%
First class air travel: 10%
Majority of Work: Plaintiffs: 23% Neither: 57% Defendants: 20%
Type of Expert: Medical: 45% Non-Medical: 55%
Retaining Counsel
Failed to Pay Last 5 Year:
46%
Opposing Counsel Failed to Pay last 5 Year: 20%
The book details:
- Summary of expert witness fees and billings by
specialty area
- State-by-state summary of expert witness fees and billing
procedures
- Individual expert witness fees and billing procedures
- Hourly fees for file review depositions and trial testimony
- Retainer types and amounts
- Prepayment policies for trial and depositions
- Out-of-pockets billed for and whether and how out-of-pockets are
marked up
- Terms contained in written fee agreements
- Cancellation fees
- Minimum charges for depositions and trial
- Billing procedures for travel time
- History of collection difficulties with retaining and opposing counsel
- Detailed statistical information, analysis and more