Fee schedule

[msgsk]

Hi all,

I've done some legal work before, mostly just chart reviews. I had a lawyer reach out to me and ask for my fee schedule. I've typed one up before but am never really sure how they're supposed to look - and can't find many samples through my good friend Dr. Google.

Do any of y'all have a sample you wouldn't mind sharing? You can even take the numbers out, I'm really just curious about the format. Feel free to PM me if you don't want to post publicly

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[The White Coat Investor]

Why not just keep it really simple:

$1000 per hour to testify, including a maximum of 15 hours per day if travel away from home is required
$600 per hour for chart review and preparation time

I don't think they care about the format. They want to know the price.

 

[RustedFox]

Why not just keep it really simple:

$1000 per hour to testify, including a maximum of 15 hours per day if travel away from home is required
$600 per hour for chart review and preparation time

I don't think they care about the format. They want to know the price.

Is this for real the going rate?

 

[gutonc]

Is this for real the going rate?

It's the WCI rate.

Honestly, it depends on what you want. I've played it both ways.

In one situation, I didn't really want to be a part of the case I was offered, so I quoted $350/h for prep time and $1000 base+$500/h for in person appearance (court, deposition, whatever) with a 5 hour minimum, plus travel expenses. I didn't get that gig.

For a case I believed in I said $200/h for prep time and the same $500/h for in-person but no base and a 2 hour minimum, with travel expenses for >50 miles, overnight lodging or flights. I got that one and it came in around $3K all told for a day's worth of work on an off day.

As with everything, the going rate is whatever they're willing to pay. Whether it's worth it or not is up to you.

 

[Hamhock]

$3K all told for a day's worth of work on an off day.

As with everything, the going rate is whatever they're willing to pay. Whether it's worth it or not is up to you.

I appreciate Gutonc's input on this sub-forum. I provide this disclaimer so that readers don't think I am starting a disagreement with him/her.

Rather, I would platonically point out that $3K is made -- without TOO much effort -- by EM docs working near home and without getting too close to lawyers.

HH

 

[gutonc]

I appreciate Gutonc's input on this sub-forum. I provide this disclaimer so that readers don't think I am starting a disagreement with him/her.

Rather, I would platonically point out that $3K is made -- without TOO much effort -- by EM docs working near home and without getting too close to lawyers.

HH

No offense taken. I'm not EM.

A $3K "day off" (which in my case required about 6 hours of actual work) was a pretty good deal. To be completely above board, there were 9 "billable" hours, but 5 of them were spent on the couch/porch with a beer in hand, reviewing documents

YMMV of course, but even Veers isn't pulling down $5o0/h on the regular.

The fact that the defendant was an independent NP (nominally supervised by a chiropractor) who was very clearly negligent was just a bonus.

If I'd taken/gotten the other gig, it would have been ~$10K for 2 days of work (also local so no travel/lodging). But it's not always all about the Hamiltons.

 

[GeneralVeers]

I charge $1000/hour with a two hour minimum (including case prep, and deposition). I've been able to get that twice in the last 2 years.

Generally $2000-$3000 with a two-three hour time commitment is worth it. I don't feel guilty. Remember, most of these are disability/pain and suffering cases where the Plaintiff's attorney is arguing for typically 6 figures of award.

 

[The White Coat Investor]

It's the WCI rate.

Honestly, it depends on what you want. I've played it both ways.

In one situation, I didn't really want to be a part of the case I was offered, so I quoted $350/h for prep time and $1000 base+$500/h for in person appearance (court, deposition, whatever) with a 5 hour minimum, plus travel expenses. I didn't get that gig.

For a case I believed in I said $200/h for prep time and the same $500/h for in-person but no base and a 2 hour minimum, with travel expenses for >50 miles, overnight lodging or flights. I got that one and it came in around $3K all told for a day's worth of work on an off day.

As with everything, the going rate is whatever they're willing to pay. Whether it's worth it or not is up to you.

I certainly wouldn't do medicolegal work for less. I'm not even sure I'd do it for that. But you can do it for whatever amount you like or not do it at all.

 

[winkleweizen]

How do I get this medico legal work, ha

 

[bravotwozero]

How do I get this medico legal work, ha

That's the $1000hr question. Did you guys seek them out or did the lawyers find you?


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[gutonc]

That's the $1000hr question. Did you guys seek them out or did the lawyers find you?

The bastards found me.

One was a referral from another physician. The other knows a friend of mine who is also a lawyer.

 

[Birdstrike]

The real answer: Your fee is, whatever you can get. The market rate, is what someone's willing to pay for your services. I don't particularly like doing this kind of work, so I'm not too motivated to set a particularly enticing fee schedule. Plus, I don't have an academic name, so I don't get many requests to begin with. The last request I got, was from an attorney that had defended me in the past (successfully) who apparently was impressed enough to gave my name out to another lawyer. It's whatever you feel comfortable with. The last time I did this, this is what I sent out, and they bit. I did the chart review, plus discussion with the docs defense attorney. I told him he should try to settle the case and that I'd have a tough time going to battle to defend certain parts of the care, but would defend what I felt I could honestly defend. He seemed to appreciate my honest opinion, but I never got called back for any depositions or trial. I have no clue what happened with the case.

 

[gutonc]

I just got another request in my email the other day:

• Initial retainer of $1350 for chart review and initial review of case with the attorney, up to 3h. Additional hours at $450.
• Depositions at $525/h
• $4K/d of court time (no mention of travel expenses)

Not bad all in all except for the court time. It's a plaintiff's attorney though so probably not going to take the gig.

 

[xaelia]

Pretty useful to hear the rates.

I had $1600 retainer, $400/hr chart review, $1200 minimum for deposition, $2000 per half-day at trial.

Probably will tweak a bit of this for future cases.

Anyone ever had trouble getting payment?

 

[msgsk]

@ Birdstrike - that's EXACTLY what I was looking for

Thanks to others for providing some numbers/guidance.

 

[Vandalia]

I wasn't going to post this, then I remembered that this is the student doctor network. More importantly, every time I assume that something is so obvious that there is no need to mention it, I am quickly proven wrong.

So for the youngsters, know the difference between being a "witness to fact" and an "expert witness." For the later, you can usually charge whatever you want, for the former, you get whatever state law says a witness gets. For my state, I don't think it has changed since Lincoln, and I believe it is "2 dollars and a bag of oats for your horse."

Don't mix those up. Years ago, one of our physicians was contacted by the DA about testifying to injuries his patient received. He responded with his expert-witness fee schedule. He was then chauffeured in the back of a police car to meet the prosecutor. (Every time I assume...)

I imagine there is some Ivy-league law professor who got tenure publishing on the technical differences between the two types of testimony. In practice - in our adversarial system - it is usually pretty cut-and-dry. While one side may have an advantage in trying to convert you from a fact to an expert witness on the stand, the other side has a strong incentive to keep them from doing it. Which brings up the second critical point: If a judge tells you to give a straight answer to a question, answer the question. In a fight between you and a judge in a courtroom, the judge always wins.

(PS: I have a hunch I may have posted something like this a couple of years ago. Oh well, one of the privileges of getting mail from the AARP is you are allowed to keep telling the same stories over and over.)

 

[Apollyon]

(PS: I have a hunch I may have posted something like this a couple of years ago. Oh well, one of the privileges of getting mail from the AARP is you are allowed to keep telling the same stories over and over.)

Yeah, Hawai'i rate for witness of fact was $150/hr.

Otherwise, my dad said, before he died (not his last words - several years before!), "It's great getting older - I can watch the same movie ever night, and it's new each time!"

 

[Birdstrike]

Pretty useful to hear the rates.

I had $1600 retainer, $400/hr chart review, $1200 minimum for deposition, $2000 per half-day at trial.

Probably will tweak a bit of this for future cases.

Anyone ever had trouble getting payment?

Not personally but have heard of many people getting stiffed by lawyers. Best to demand payment up front. If they don't, then don't waste your time on it.

 

[Apollyon]

The real answer: Your fee is, whatever you can get. The market rate, is what someone's willing to pay for your services. I don't particularly like doing this kind of work, so I'm not too motivated to set a particularly enticing fee schedule. Plus, I don't have an academic name, so I don't get many requests to begin with. The last request I got, was from an attorney that had defended me in the past (successfully) who apparently was impressed enough to gave my name out to another lawyer. It's whatever you feel comfortable with. The last time I did this, this is what I sent out, and they bit. I did the chart review, plus discussion with the docs defense attorney. I told him he should try to settle the case and that I'd have a tough time going to battle to defend certain parts of the care, but would defend what I felt I could honestly defend. He seemed to appreciate my honest opinion, but I never got called back for any depositions or trial. I have no clue what happened with the case.

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But how do you bill hourly ahead of time?

 

[emergentmd]

IMO, doing chart review/travel/dealing with lawyers is more painful than just going working a Shift. I have been offered $500/hr chart review and have turned it down.

Maybe when I start to slow down I will pick some up

 

[Birdstrike]

But how do you bill hourly ahead of time?

Estimate based on how many pages the chart is, how much time the attorney expects to to have to discuss with you. Can square up the bill later if over/under. Point is to get some cash in hand ahead of time, so you don't have to sue (the lawyers wheelhouse, not yours) to get it later.

 

[Vandalia]

Estimate based on how many pages the chart is, how much time the attorney expects to to have to discuss with you. Can square up the bill later if over/under. Point is to get some cash in hand ahead of time, so you don't have to sue (the lawyers wheelhouse, not yours) to get it later.

Exactly. Attorneys are very use to the concept of the "retainer" and almost never have a problem with paying in advance.