By Brian P. Henry, J.D.
Decades ago, the use of experts in litigation was reserved for the most complicated and technical cases. Before the issuance of enhanced evidentiary rules in the mid-1990’s, practically anyone having some knowledge about a particular topic could offer opinion testimony without a court intervening to any great degree. Not surprisingly, those days are long gone, and the “testifying expert” has become a mainstay in almost all areas of the law. Continue reading »
Getting Paid: Part Five
Editor’s note: This is the last installment of a five-part series on making sure you get paid as an expert witness. In articles one and two, we discussed effective communication methods while in articles three and four, we analyzed a recent turn towards alternative fees.
By Melinda Starbird, J.D.
For some experts in some industries, a shift to alternative fee structures makes perfect sense. But for most experts in most industries, the billable hour is still the best fee structure. Continue reading »
Getting Paid: Part Four
Editor’s note: This is part four of a five-part series on making sure you get paid as an expert witness. Earlier articles included an introduction to alternative fees and effective communication methods.
By Melinda Starbird, J.D.
The quick answer to this question is, “It depends.” For some experts in some industries, a shift to alternative fee arrangements may be the smart way to go. For other industries, with more unpredictable factors, it is safer to remain using the billable hour. Continue reading »
Getting Paid: Part Three
Editor’s note: This is part three of a five-part series on making sure you get paid as an expert witness. We have already written about the three questions to ask attorneys and how to communicate throughout your project. This installment discusses the impact of alternative fees on experts.
By Melinda Starbird, J.D.
Since early 2009, legal industry publications have been announcing the transition to alternative fee arrangements (AFA). The enthusiasts claim these arrangements are going to kill the hourly rate, completely change the way companies work with outside counsel and allow the high quality law firms to thrive.
While there is quite a bit of support for a shift to alternative fees, there is also the belief that the media is simply publishing reactionary articles to economic pressures. Continue reading »
Getting Paid: Part Two
Editor’s note: This is part two of a five-part series on making sure you get paid as an expert witness. Our last post discussed the importance of talking about deadlines, deliverables and costs with attorneys.
By Melinda Starbird, J.D.
As I mentioned in “Three Questions to ask Early and Often,” the best way to win an argument with an attorney is to avoid the argument in the first place. And when it comes to invoice disputes, the best method to avoid conflict is thorough communication regarding deliverables, deadlines and costs. Continue reading »
By Melinda Starbird, J.D.
I have heard it said that litigation is recession proof. It may be more accurate to say that while litigation can thrive in both good times and bad, litigation still feels the pressures of a bad economy. And experts would be wise to pay attention to those pressures to avoid problems. Continue reading »
