Expert Testimony Cost and Fee Structure

Preparation time, first: the file, the report and any opposing expert opinions are reviewed before each appearance, and a preparation session with counsel identifies the key opinions and anticipates cross-examination. The format and length of the deposition come next, whether in person or remote, then trial time with standby and travel, how many exhibits and demonstratives trial calls for, and whether rebuttal of an opposing expert is required.

Preparation is billed hourly and the deposition and trial time at the rates in the fee schedule, with standby and travel time for trial. The retainer is set when the engagement is confirmed and drawn down against the hours and the appearances, with invoices that show each. The fee schedule, including the deposition and trial rates, is provided before work begins and confirmed in the written engagement agreement.

Yes. The written fee schedule, including the deposition and trial rates, comes before work begins, and an estimate follows once the appearances are known. To scope it, send the report and the file the testimony rests on, any opposing expert opinions, the notice date or trial window as soon as it is set, and whether attendance is in person or remote, so preparation and travel can be placed and priced.

Usually, because trial adds work a deposition does not: exhibits and demonstratives, coordination with counsel on the order and scope of direct examination, a read of the deposition transcript so trial testimony does not depart from prior sworn statements, and standby and travel time while the court's schedule runs. Both are billed as hourly preparation plus the applicable rate for the time on the record.

Yes. Supplemental opinions are prepared as new records or rebuttal reports are produced and are scoped separately from the testimony, because their size follows what arrives: a rebuttal report may need a written response, and new records may change an opinion that has to be disclosed before it is given under oath. Where no KWVRS report exists, the engagement begins with the underlying evaluation, priced on that page.

Travel to where the deposition or trial is held is billed, together with standby time when the court's schedule requires the expert to wait, at the rates in the fee schedule. Remote depositions avoid it, and the notice should say whether attendance is in person or remote so travel can be arranged in advance; the written fee schedule states how travel and standby are charged.