Discussion: View Thread

  • 1.  Discrimination Case

    Posted 08-13-2013 12:12
    Dear Colleagues,

    I am currently in discussion with a lawyer to work as an expert witness on a case with him.  I had a few questions, that I thought I'd throw out to my statistical community, to seek advice.  I am open to general comments on the discussion board, but also interested in chatting with someone who has worked before on discrimination cases, if you have a few minutes of time to spare.

    1. What are the requirements for a CV to be recognized as an expert witness before the court?
    2. What advice do you have on charging an hourly rate vs. a flat fee?  (For flat fees, I have previously included an upper limit after which an hourly rate would be charged for consulting, but I could use some guidance on how to set the flat fee for legal cases).
    3. Any other process tips you can offer or good resources I should consult? 

    Thank you, in advance, for sharing your wisdom/thoughts.


    Michael

    -------------------------------------------
    Michael Posner
    Villanova University
    -------------------------------------------


  • 2.  RE:Discrimination Case

    Posted 08-13-2013 12:32
    Here are some tips for people just getting started as an expert in a legal proceeding:

    http://annex.ipacweb.org/library/conf/10/wiesen.pdf

    http://annex.ipacweb.org/library/conf/07/wiesen2.pdf



    -------------------------------------------
    Joel Wiesen
    Director
    Applied Personnel Research
    -------------------------------------------








  • 3.  RE:Discrimination Case

    Posted 08-13-2013 14:43

    Regarding question #1:

    Recently I served as an expert witness in two cases. It looked like lawyers (both sides) spent some time trying to establish that the their own expert has strong credentials. The CVs become exhibits, and many items from it will become part of the questions. For example "Did you win this award? What does this award signify? How may papers, books etc."  They were not questioning the strength of the other party's expert----simply focussed on their own. 
     

    -------------------------------------------
    Nagaraj Neerchal
    Professor and Chair
    UMBC
    -------------------------------------------






    Original Message


  • 4.  RE:Discrimination Case

    Posted 08-13-2013 13:57
    I can't answer your specific questions.

    As a caution, I will mention an article written by a statistician working with a law firm.  The firm lost the case and then refused to pay his fees, claiming it was contingent on their winning.  So make sure that is spelled out in your contract.

    -------------------------------------------
    Robert Gallavan
    Principal Statistician
    I3/Statprobe
    -------------------------------------------








  • 5.  RE:Discrimination Case

    Posted 08-13-2013 14:27


    -------------------------------------------
    Rose Ray
    Exponent-Failure Analysis
    -------------------------------------------

    If you are working for attorneys who are paid on a contingent fee, which is typical for plaintiff's attorneys, it is customary for experts to receive a retainer in advance of the work.   It is also important that your fee is not contingent upon the results of the matter. 




    Original Message


  • 6.  RE:Discrimination Case

    Posted 08-13-2013 16:15
    YMMV, but the only clients I have ever had problems collecting from (other than the DC government) have been lawyers.

    Be very explicit that you are not working on a contingent basis.

    I now ask for a retainer in advance and advise the attorneys when I need further payment.  They are familiar with this method of paying and most attorneys do this themselves.

    You are paid for your time just as the judge and attorneys are, do not get buffaloed by opposing counsel into saying that you are paid for your opinion.

    -------------------------------------------
    Arthur Kendall
    Social Research Consultants
    -------------------------------------------