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 >:).
Ted Gorder
is an accomplished professional services executive with more than 30 years of experience creating and
running global consulting practices. He has been responsible for developing consulting practices for
firms such as Siemens, Ernst & Young, and NCR. In these roles he focused on defining, selling, and
delivering complex solutions to Fortune 1000 companies around the globe. As a co-founder of IMS ExpertServices,
Ted is responsible for operations and administration. His focus is on operational excellence, quality
control, and service to both clients and experts.
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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:
"You may be the expert in your field, but if you fail to understand how the rules on admissibility
of expert testimony may affect your opinions and testimony, you jeopardize your role as an expert. If
the court excludes your testimony, all your hard work is for naught and you lose your opportunity to
be the expert in front of the jury.
This series presents strategies on how to conduct business with an eye toward the rules on the admissibility
of expert testimony (Rule 702 of Federal Rules of Evidence; Daubert, Frye, or state variations) throughout
the litigation process. The information contained in these chapters has broad application to all experts
– regardless of discipline – because all experts should keep Rule 702 and Daubert principles (or the
applicable equivalent in the governing jurisdiction) in mind when considering retention for a case and
when actually working on a case."
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:
"IMS ExpertServices has been providing expert witness services for more than 15 years. We have placed
more than 3,000 experts in support of a variety of civil actions. This experience has given us unique
perspective on the ways experts charge for their services. We have seen how attorneys respond to rate
structures, fee levels, and contract complexities. This is a summary of what works and what does not."
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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