When dealing with plaintiffs, it should be stated that payment for the expert’s services is not contingent on funding by a third party. This is necessary to protect the expert, as plaintiff’s attorneys often work on a contingency basis and the expert could be placed in the position of trying to collect from a third party when working on a plaintiff case. Another item to consider in the agreement is the requirement that all retainers be paid in advance when working on plaintiffs’ cases because a plaintiff’s attorney could refuse to pay the expert’s fee after an unfavorable verdict, claiming that they did not get their
The Clinical Engineer as Investigator and Expert Witness
48 Clinical Engineering Handbook
contingency, that they were unable to collect the monetary award, or that the client has no money left, due to the cost of pursuing a case that resulted in no monetary judgment being awarded. A significant advance (at least $2,000) retainer should be collected prior to reviewing a plaintiff’s case. This acts as a screening device to ensure that the attorney has faith in the case. It also protects the expert from being unable to collect for initial work performed if the case settles or the attorney decides not to pursue it after receiving the initial comments from the expert review of the merits of the case. Invoices to clients should be done as monthly progress billings unless mutually agreed to by the expert and the client. For short projects such as equipment inspections, or where a lump-sum billing has been agreed to, this may require only one invoice. However, most legal cases will last a year or more, and progress billings will be necessary. It is advisable to use a timekeeping system that can be easily incorporated into the billing process, and there are a number of software programs that prepare billings from input to project time sheets. This will minimize the time and effort involved in billings and will reduce lost time due to forgetting to record time or making transcription errors. The invoice must include the dates of service; a brief summary of the work performed; the hourly rate charged and the total hours billed by each person working on the case; any out-of-pocket expenses incurred on the project; and the total cost. Payment terms should also be stated (e.g., 2%; 10 days; Net 30 days; a service charge of 1.5% monthly to be charged on all past due amounts). If a client is overdue more than 30 days on payment, an overdue notice should be sent requesting payment within ten working days. In some cases, it becomes necessary to suspend services to a client. One reason for taking this action is due to nonpayment. If there is no response within that time frame, the expert should send a letter warning the client that work on the case will be suspended if payment is not received within 60 days after the bill was rendered. In order to prevent this fate, it is important that the expert track all accounts in order to ensure that they are current.