Expert Witness Fee Setting During a Recession

In the past few weeks we have received numerous requests from our clients regarding whether they should reduce their fees due to the ongoing recession. We have researched this problem and the answer is no.

In response to these requests we have polled attorneys across the United States and found that there is no expectation of fee reductions from expert witnesses. While attorneys may try to control the engagement process a bit more, no attorneys are expecting expert witness fee reductions.

Here is a representative sampling of what trial attorneys have said in their own words in responding to our question, "What changes, if any, will you be making in 2009 in hiring expert witnesses?"

"No changes."

"No changes immediately come to mind. However, given the economy, I anticipate clients will want more detailed budgets for an expert's work, such that I may need to obtain detailed budgets from experts prior to their work in a matter."

"I'll be seeking a written estimate of all activities/projects that the expert or I believe will result in billing in excess of $2,000."

"Most critical analysis these days involves choosing the most qualified and knowledgeable expert, who has credibility with the governing body. Too often we see the retention of the same folks on each side which, in short, fails to fairly and effectively educate the parties and the courts."

"I'm not sure, frankly, but will say somewhat like the past, where I tried to hire the best academic and peer tested "resume" my client could reasonably afford, I am looking more and more to battle tested experts who are litigation savvy and who have actually been in trials before."

"I don't think I am making any changes in 2009 in hiring expert witnesses."

"No changes - However, I will continue to ensure that the expert I ultimately retain is deeply committed to the cause. An expert who gives a half-hearted but supportive position is as good as no expert at all. They usually cave on the stand."

Regards,

Alex Babitsky, MBA
SEAK, Inc.
http://www.seakexperts.com/index.aspx