Billing Tips for the New Expert Witness

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Billing Tips for the New Expert Witness


How to Set Your Expert Witness Rates


Determining how much to charge for your expert witness services is crucial for the success of your consulting practice. Here's a guide to help you establish competitive rates and manage your billing effectively.

Research and Insights


First, discreetly research what other experts in your field are charging. Reviewing court records can also provide valuable insights, as experts must disclose their rates in Rule 26 or equivalent reports. Additionally, consider consulting resources like the National Guide to Expert Witness Fees and Billing Procedures by SEAK, authored by Alex Babitsky, Steven Babitsky, and James J. Mangraviti, Jr.

Tips for Setting Your Rate Card


1. Get It in Writing
Start every engagement with a letter that clearly outlines your rates and terms. Make sure it's explicit about how and when you'll be paid.

2. Establish a Minimum
Set a minimum charge, such as 5 or 10 hours, even for smaller projects. This ensures you’re compensated for dedicating your time and expertise.

3. Ask for a Retainer
Request a retainer that gets replenished as funds are used. This secures your payment throughout the assignment.

4. Implement a Cancellation Fee
Most cases settle before trial, potentially leaving gaps in your schedule. Protect your time by establishing a cancellation policy. For instance, no fee for cancellations 10 days out, but a 50% charge for those within 48 hours.

5. Review Your Rates
Consider an annual rate review. If no clients complain about your fees, there's likely room to increase them. Test higher rates with new clients. Aim to update your rate card every January 1st.

Final Thoughts


Remember, you are compensated for your expertise, not just your testimony, so price and bill accordingly. With careful planning and strategic billing practices, you can ensure your consulting business thrives.

You can find the original non-AI version of this article here: Billing Tips for the New Expert Witness.

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