TOPIC: Expert Witness or Litigation Consultant

Did a Forum search on this topic and did not find anything so here it is.

I'm sure there must be a few of you that do some "expert witness" work.  Technically, you are not an expert until the court says you are but I think that is just a formality.  You are in fact a "Litigation Consultant" until that time.

The tricky part is getting paid for it.  If you don't CYA in your report, at least in most states, it becomes public record.  I have a statement/clause in my contract and in the report footer stating that the report is a " work product" of my company and contains proprietary information that may not be distributed without permission.
That locks it down. In most courts, even if subpoenaed, you are simply the "custodian of record" and only have to state name, rank and serial number so to speak. "Yes I am the inspector that did this inspection. Yes, this is my report. and This is what it says." and no more. If they want an opinion, they must sign your agreement and pay your retainer right then and there or no talkie.  It's amazing how forgetful I can become sans a paycheck! :

Last week, I had the opportunity to do a thermal inspection for a client that was involved in a "slumlord" litigation issue.  I did the inspection and presented her attorney with my 8 page Litigation Consultant Agreement and my CV.  The attorney stated that they had the landlord dead to rights and that they would likely settle the next day so no deal today. A few days ago, I got a call from another attorney that the previous one had referred me to.  Nice!  We talked and he wanted to hire me in another slumlord case.  They did not even blink at the agreement requiring a $2000.00 retainer in front and the $150/hour fee schedule. They signed the agreement and sent a check.

This should be pretty sweet work.  One of the tips I found while researching this type of gig (I did a lot of research)was to put a clause in the agreement requiring a minimum or 3-4 hours prep time or coaching, including a mock run through of the depo from the retaining attorney prior to any deposition or court appearance. If you step into the ring without good prep,you will be eaten alive.  If you get eaten, no more work in this field for you my friend. :-[

So, let's get a thread going on this potentially very lucrative area.  I don't know about the rest of you but it's a rare day that I make $1200 in one day doing the normal home inspection.  $1200 a day is the normal going rate for EW work plus $75 an hour for driving, portal to portal and all expenses and mileage. Hell, most attorneys make $200-$300 per hour.  I want some of that!
Dana

My opinion on being an expert witness is you need to be an expert inspector.

I am not at that level in my carreer. I do know of a few experts that have been inspection for 15+ years and completed 5000+ inspections. Then they can be paid accordingly.

Being an expert witness is definitely a great gig! I know a few of the inspectors currently do it, but I'm not sure how many even know about it.

Are you saying the court can't make you talk, or just that for a deposition they'll need to pay you?

Being an expert witness is definitely a great gig! I know a few of the inspectors currently do it, but I'm not sure how many even know about it.

Are you saying the court can't make you talk, or just that for a deposition they'll need to pay you?

The legal term is "Custodian of Record".  Unless you have been designated as such by the court, you are not an expert witness.  They cannot ask for opinions unless you are an expert witness.  You are only required to say that its your report and this is what it says. That of course does them no good since they can read the report themselves. If they want opinions, the attorney must sign an agreement and pay you.

My opinion on being an expert witness is you need to be an expert inspector.

I am not at that level in my career. I do know of a few experts that have been inspection for 15+ years and completed 5000+ inspections. Then they can be paid accordingly.

David, don't sell yourself short. I've seen your knowledge here on the HIP message board (for instance roofing).
If you did the inspection on a certain home , you're good enough to be the the expert witness in that case, if need be. But for homes that you didn't inspect I'm sure you have areas you would be comfortable with (your knowledge) of certain areas and then areas that your not comfy with. I have no problem being an expert witness for many different areas of a home- masonry, foundation, roof, frame, grading, etc. but would not do so for electrical, HVAC or plumbing. Usually with an expert witness in a case it only involves (a)certain area(s) of the home. As an inspector you are good enough to be an expert witness, but for certain areas in a case of a home that you don't feel comfy with you would just decline, being an expert witness , consultant or whatever you want to call it.
Dana started a good thread, let's explore it and expand on it. There is a good opportunity for inspectors to be expert witnesses. I would feel comfy in certain scenarios as an expert witness and then of course not take on something that I felt someone else should handle. I have my strenghts and weaknesses. I have no problem bowing away from something someone else can handle better. But gimme my piece of da pie of (that I know and like).  

Joe and David,
I agree with Joe.  We are "Generalists" and inspect based on that but we all have our specialties. mine happens to be plumbing.  I'm a retired GC with subs in HVAC, Electrical and plumbing.  I really have no qualms about doing this.  If you are competent in your field and are properly prepared by the retaining attorney it should be no issue.  Go in unprepared and they may eat your lunch.
Check it out.  I found it to be very easy to get started.  Did a crap load of research, as I am wont to do and got my ducks in a row and went for it. I pulled in a job (and a nice fat check) in about two week after I got the idea to do it. Your mileage may vary. :
Dana