Expert Testimony Cost and Fee Structure
The cost of an expert testimony engagement depends on the appearances the case calls for and the preparation behind each one. Preparation dominates: the expert re-reads the report, the file and any opposing opinion before each appearance and works through the key opinions with counsel; the deposition and any trial appearance follow, with travel where attendance is in person. Counsel controls the scope, the exhibits requested and the notice given, and the billing structure below states how the engagement is priced.
Scope and estimate
Testimony engagements are scoped to the appearances counsel requests, a deposition, a trial appearance or both. KWVRS provides the fee schedule and an estimate before work begins.
What drives cost
- Preparation time required to review the file and prior reports
- Length and format of the deposition, whether in person or remote
- Whether the matter goes on to trial testimony
- Whether rebuttal of opposing experts is required
- Travel to the deposition or trial location
- Volume of exhibits and demonstratives to prepare
Billing structure
Testimony is priced on the written fee schedule, apart from the report it rests on. Counsel receives the fee schedule and an estimate for the requested scope before any work begins, and the engagement agreement sets the fee and its payment terms.
Questions about expert testimony cost and fee structure
What drives the cost of an expert testimony engagement?
Preparation, 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 whether the matter reaches trial, how many exhibits and demonstratives trial calls for, travel, and whether rebuttal of an opposing expert is required.
How is an expert testimony engagement priced?
On the written fee schedule, apart from the report. The fee schedule prices the deposition and any trial appearance separately, with travel where attendance is in person, and it comes before work begins; the engagement agreement then sets the fee and its payment terms for the appearances counsel requests.
Does KWVRS provide a cost estimate before an expert testimony engagement begins?
Yes. The written fee schedule 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.
Does trial testimony cost more than a deposition in an expert testimony engagement?
Usually, because trial adds work a deposition does not: exhibits and demonstratives, coordination with counsel on the order and scope of direct examination, and a read of the deposition transcript so trial testimony does not depart from prior sworn statements.
Are supplemental opinions priced separately in an expert testimony engagement?
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.
Is travel charged in an expert testimony engagement?
Yes, when attendance is in person: travel to where the deposition or trial is held is priced on the written 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 fee schedule states how travel is charged.
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