September 27, 2012 Articles

Winning the "Battle of the Experts" While Keeping Fees under Control

Expert witnesses and their significant compensation are a fact of modern litigation.

By Lynn S. McCreary and David R. Singh – September 27, 2012

Whether opining on liability, causation, or damages, expert witnesses can make or break your case. The outcome of trial often hinges upon the likeability, credibility, and communication skills of one or more star expert witnesses. Complex cases ordinarily do not even settle until after expert reports are submitted and key experts have been deposed, providing a barometer for the likelihood of success at trial.

Expert witnesses are also compensated like the critical players they are. The one-thousand-dollar-an-hour expert witness is no longer uncommon, nor is the expert witness who receives more than $1 million over the life of a case. Especially in complex cases, where each side often retains several experts, such fees can quickly mushroom.

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