Expert witness: Under (the wrong) contract?

• Outlines how to minimise risks when drawing up contracts between expert and solicitor.

Over the years, Bond Solon has conducted many surveys about the work of expert witnesses and a perennial problem has been the terms of engagement between an instructing solicitor and an expert witness. Let’s look at some of the clauses the solicitor should consider.

Fees & payment

Most problems between an expert and a solicitor are in the area of fees so it is best to have a clear agreement before work commences on how much the expert will be paid, for what services and when payment will happen. In many instances the expert will charge an agreed hourly rate for the work done, but there should also be clarity on expenses such as accommodation and travel and other expenses if these are involved and also if VAT is to be added. Sometimes there is a fixed fee and here it is important