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Expert witness update: Time to pay up!

15 October 2020 / Mark Solon
Issue: 7906 / Categories: Features , Profession , Expert Witness
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Are expert witnesses getting paid? Mark Solon investigates

In brief

  • Bond Solon survey highlights that expert witnesses face serious challenges to getting paid for work done.
  • Can experts tighten up their contractual position to get paid in future?

Some 285 experts responded to our recent survey of expert witnesses that highlights serious issues for experts in getting paid for the work that they do and reveals some ways in which they may be able to tighten up their contractual position in order to ensure payment in future.

Nearly 85% of respondents stated they were self-employed, probably reflecting the position of the majority of the expert witness population. 87% of those surveyed do have terms and conditions and this percentage has gone up over the years. The vast majority (72%) do not conduct some due diligence to ascertain the credit worthiness of the instructing party and it may very well not occur to many to do so. In some instances the reason for non-payment is that the instructing

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NEWS
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The long-predicted death of the billable hour may finally be here—and this time, it’s armed with a scythe. In a sweeping critique of time-based billing, Ian McDougall, president of the LexisNexis Rule of Law Foundation, argues in this week's NLJ that artificial intelligence has made hourly charging ‘intellectually, commercially and ethically indefensible’
From fake authorities to rent reform, the civil courts have had a busy start to 2026. In his latest 'Civil way' column for NLJ this week, Stephen Gold surveys a procedural landscape where guidance, discretion and discipline are all under strain
Fact-finding hearings remain a fault line in private family law. Writing in NLJ this week, Victoria Rylatt and Robyn Laye of Anthony Gold Solicitors analyse recent appeals exposing the dangers of rushed or fragmented findings
As the Winter Olympics open in Milan and Cortina, legal disputes are once again being resolved almost as fast as the athletes compete. Writing in NLJ this week, Professor Ian Blackshaw of Valloni Attorneys examines the Court of Arbitration for Sport’s (CAS's) ad hoc divisions, which can decide cases within 24 hours
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