Medical expert rates

[SwornRates]

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Can you confirm if the statement below is true?

"To ensure they receive their full $800 hourly rate, medical experts must include a "shortfall" or "deficiency" clause in their initial retainer agreement. This clause legally binds the hiring attorney to pay the remaining $300 balance if opposing counsel objects and the court reduces the opposing side's mandatory fee. If the contract is silent on this scenario, the retaining attorney is not automatically obligated to make up the difference, and the expert may be forced to accept the court-ordered $500 rate for that time."

Half of that matches what the orders show, and half is a contract question I can't answer. The half the orders support: in federal court the deposing side pays for your deposition time (that's Rule 26(b)(4)(E)), and if they object to your rate, the judge rules. Whatever the court sets is what they owe, no matter what your rate card says. The orders stop there. Whether your retaining attorney makes up the difference is between you and them, which is why it belongs in the engagement letter. On "must include" and "legally binds": ask a lawyer, the orders don't speak to that.