Expert Witness Agreement

Here are the payment terms for an expert medical witness. The actual agreement must also contain terms and conditions:

  • Initial retainer to get started (earnest money).
  • Subsequent retainer (when the number of hours required for all the work becomes a bit more clear).
  • Designation fee (when the attorney names the witness as a paid expert witness as opposed to simply a treating physician)
  • General services such as reviewing medical records, formulating questions to be posed to doctors on the other side, telephone consultations, and email correspondence.
  • Surcharge when services have to be performed on a rush basis or after hours.
  • Travel time per hour, portal to portal, with a maximum each way, not including airfare, hotel expenses and car rental.
  • Production of a written report, declaration or affidavit.
  • Examination fee.
  • Deposition testimony, such as for each 15 minute block of time, inclusive of breaks from testimony, and not including travel time.
  • Trial testimony. 
  • Presence at courthouse for trial testimony (waiting time).
  • On-call status for trial testimony (keeping a day flexible or free in case the witness has to testify).
  • Cancellation fee for examinations, scheduled depositions, and scheduled arbitrations/mediations.
  • Overnight stay.
  • Payment policy (interest on balances due, etc.).