Chapter 5 examined the different approaches by which witnesses and expert counsel reach an agreement on royalties. This appendix provides an example of a pricing agreement. It is important that the written agreement provide a clear understanding between the lawyer and the expert as to how to calculate and pay the fees. As an expert, there are a number of important sections that you would like to include in your next conservation agreement. First, talk to your client in advance if your services include advice, reports, filings or rehearsals. Often, this volume of services will inform, so to speak, the specialized work products that need to be provided. From there, you can divide your work products into «service type» and «walks.» These must correspond to the client`s cadence and timeline. Describe this information in the contract. If the work in the area [city or city where expert witnesses are involved] (i.e., the area less than 20 miles from the [expert office]) during that period (i.e.
before I am retained or expelled as an expert) exceeds 10 hours, an advance equal to 10 times the hourly rate of the profession is immediately due; each additional hour (beyond the original 10 hours) is charged at the hourly rate [professional`s hourly rate] per hour. If, on the basis of the first audit and consultation, you divided me as an expert in the case, I must have received an additional non-refundable payment equal to ten times the hourly rate of the expert prior to my appointment as an expert. This model of agreement appears in the book MMPI, MMPI-2 – MMPI-A in Court: A Practical Guide for Expert Witnesses and Attorneys, 2nd edition, by Ken Pope, Jim Butcher and Joyce Seelen, edited by the American Psychological Association. The American Psychological Association owns the copyright. This material is presented here for personal, individual use; For any other use of copyright, contact the American Psychological Association`s Office of Rights and Permissions. For the first phase – which is usually consultation – indicate the problems, the subject, the results and the rates you have decided for this phase of the case. Your lawyer may ask you to check the records, establish timelines and advise you on business matters. You can also invite yourself to participate in conference calls, meetings, independent research or fact-based audits.