Litigators often need expert witnesses to clarify complex matters or support their case. Expert fees can be unpredictable, leading to client dissatisfaction. Unlike attorneys, experts can terminate services with little notice and engage in billing practices that may seem excessive. Negotiating fixed fees can provide predictability and maintain client satisfaction. Additionally, minimizing written communication with experts is advised to protect privileged conversations. Overall, effective management of expert witnesses is essential for successful litigation outcomes.
I have dealt with experts who charged more to read a deposition transcript than I spent taking the very same deposition and exhibit other billing practices that were hard to justify.
Negotiating a fixed fee with experts, whenever possible, usually makes sense. Fixed fees can keep the client happy and can also ensure that experts do not go overboard and bill in an unpredictable fashion.
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