What to Expect When You're an Expert - IMS ExpertServices |
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Reprinted with permission. IMS ExpertServices periodically sends me e-mails that highlight recent key court cases that can significantly affect the effectiveness of expert testimony, both for the plaintiff and for the defendant. You need only scan the headlines I post daily to know the importance of effective legal representation when intellectual property (IP) is being contested. A while back, I asked the folks at IMS ExpertServices whether they had in their archives any papers regarding typical fees charged by expert witnesses based on experience, success rate, professional bona fides, type of legal case, etc. They responded saying that in fact there was a series of white papers being prepared intended to educate both current and prospective experts on requirements and expectation for their service, as well as what range of fees can be charged. The first two papers have been published as of this writing. A brief synopsis of each is presented below. It is worth remembering when considering getting involved in the expert testimony world that the people you work for and against are all capable lawyers, so as the old sports saw goes, "Your best defense is a good offense;" i.e., be prepared and capable of delivering on promises or someone's going to come after you >:).
Admissibility of Expert Testimony First in the "What to Expect When You're an Expert" series is a paper titled, "Admissibility of Expert Testimony ," written by Wendy N. Pearson of Pearson Research Group. If you follow the expert witness field at all, then you are familiar with 'Daubert,' which, for the uninitiated, has nothing to do with Scott Adams' Dilbert and his maniacal dog Dogbert. Rather, it is a much-followed standard of admissibility for 'expert' testimony. Winners love it; losers hate it, but everyone has to live with it; therefore, it is imperative that you, as an expert, understand its implications. Excerpt from the Introduction:
This white paper may be downloaded from the IMS ExpertServices website (click the thumbnail above). How Your Rate Structure Can Influence Your Business Next in the series, and the topic in which I expressed interest, was written by IMS ExpertServices co-founder Ted Gorder, titled, "How Your Rate Structure Can Influence Your Business." Within he covers Hourly vs. Fixed Fee, Scope Creep (we in the electronics design realm refer analogously to 'feature creep'), Testimony, Day Rates, Travel, Blended Team Rates, Contingent Fees, Retainers, and various other areas of focus. Excerpt from the opening:
This white paper may be downloaded from the IMS ExpertServices website (click the thumbnail above). IMS Expert Services is the premier expert witness search firm in the legal industry, focused exclusively on providing custom expert witness searches to attorneys. To read this and other legal industry Expert Library publications, please visit IMS Expert Services' recent articles. For your next expert witness search, call us at 877-838-8464 or visit our website. Other IMS ExpertServices BullsEye and Expert Library Articles on RF Cafe:
Posted March 14, 2016 |
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