Page 8 - Forensic News Journal Jan Feb 2018

How to Choose an Expert Witness?

and experience. I have

been contacted by at-
torneys who were in a
rage when they got bills

from novice experts
whose fees were higher

than the most respected
forensic psychiatrists
in the area. Although

the attorney should
have checked the fee

schedule in advance, the
overcharging was often
predictable and part of a

pattern of unethical be- Photo Courtesy of.thedynamicsale.com
havior. I am irritated by the final bill but, but more have had senior attorneys

the expert who charges for importantly, the quality of say that my final bill is
the most minuscule piece the report. I have seen in- higher, but insignificant
of work such as a brief voices in which the senior because of the favorable

phone call. expert and an employee settlement that they have
bill for the same work. been able to negotiate. In

Everything else being Ask about his “no show” a few cases, the insurance
equal, I would expect a and/or late cancellation company has saved as
psychiatrist’s hourly fee policy. Where does he pre- much as $200,000.

to be higher than that of a fer to do his evaluations?
psychologist, psychiatric Will he travel, if needed? How does he like to struc-

social worker or psychi- Keep in mind that the ture the evaluation? If it
atric nurse. I discuss this final bill is not always the is going to take about 8
issue in other parts of this crucial issue. It is pos- hours, some experts like

web site. sible that the expert is to have two separate vis-
simply working harder on its. This alleviates fatigue.

Pay special attention to your case. Take a look at If there is “an elephant
the expert’s fee schedule if her report and see how it in the room,” the expert
she has associates working compares with the work has a chance to clarify the

for her. This could be a of other experts that you problem between visits.
red flag regarding not only have retained in the past. I For example, I recently

8