Expert Witness on Attorney= s Fees - Direct Examination

If you are doing a direct examination of your own attorney fee expert, we recommend that you investigate the deposition question outline form available at Lawyer-Deposition-Forms.com

So that you can see why we recommend that form, we provide a sample taken from the direct exam question outline mentioned above. It starts with advice to the attorney, then goes on to set out the major areas to be covered in a deposition of your own expert. We recommend such forms, which include tips to the attorney, because they help you in your testimony preparation with your expert. It gives you a structure for the office conference in which you will discuss with the expert what you want to impart to the jury.

Form: Direct Examination of Expert Witness on Reasonable Amount of Attorney's Fees in Dispute.

Too many attorneys put the witness on attorney= s fees on the witness stand without carefully considering the evidence that the jury wants to have from that expert. The average attorney simply puts the expert witness on attorney= s fees on the witness stand, asks him/her if he/she is admitted to practice in the state, asks questions regarding the background of the attorney, and then asks what the expert= s opinion is regarding the reasonable value of attorney= s fees in the case. Little attention is paid to all of the things that the same attorney would ask a different type of expert, e.g., a mechanical engineer or a forensic pathologist. The jury really wants to know from an attorney fee the same five important items that they want all experts to tell them.

The jury wants to know, from the expert, five important items:

What is your conclusion?

What makes you an expert on the subject?

What physical examination did you make of the items in this case?

What factors did you consider in coming to your conclusion?

What is wrong with what the experts on the other side have to say?

TIP: You could introduce each of the last four of these areas of your questioning by saying: A Now let= s move to the subject of .....@

Beyond the five items noted above, however, there are other items which might be outlined in legal form as a deposition questions outline as follows. This is only a short sketch, but it gives you the idea of what your expert should be asked to express.

Ultimate Opinion in Short Form
(First thing, while the jury is fresh and eager to know what is the expert battle they must decide.)

Mr. Expert, did I ask you to prepare an opinion and give us your opinion what the reasonable attorney fees for [attorney firm involved] in this case?

Have you prepared such an opinion?

What is your opinion?

Are your opinions that you express today opinions to a reasonable degree of certainty?

Expert Qualifications
(Don't skimp here.).

Before we discuss what you did and what you found, we would like to know your background and experience in legal fee matters.

Have you been admitted to practice law in some state?

What legal education have you had? (degrees, plus CLE).

Have you written any legal books or articles?

What professional organizations do you belong to?

What work experience have you had in determining what is a reasonable attorney fee?

What the areas of law or expertise involved in giving an opinion regarding legal fees in this matter? [Usually, there will be a (1) a field of litigation or transaction law involved; plus (2) attorney fees and expenses; plus (3) legal ethics.]

Have you had training and experience in all those expert fields?

Tell us about your training and experience in each one of those fields?

Have you worked as an expert giving opinions for plaintiffs or for defendants?

Examination Made in This Case.

Now let's talk about what examination you made in this case and what those examinations showed?

When did you first examine this case, and how long has it taken?

What did you do in your examination in this case?

What did your examination disclose?

Remember, a good expert will make short enough answers to keep the jury interested and then stop, waiting for you to ask a question to let him/her continue to educate the jury on what the expert did, what was found, and why it is important to understand that specific item. You must be prepared to ask strings of multiple questions to allow the expert to give short mini-explanations and opinions.

If the expert has furnished a detailed report, you might want to use the section headings as a checklist for your preparation of questions that will allow the expert to explain all the parts of his/her examination and opinion.

It is wise to have prepared an exhibit - a table or graph - to visually illustrate the expert's conclusion on each section of his/her report. Most people are visual learners (and are conditioned by television), so want to see (more than hear) the conclusions.

Remember, this is a chance for your expert to explain why certain work of the attorneys was/was not relevant to be part of the attorneys= fees to be awarded in this case.

Ordinarily you should include a discussion of what the transaction or litigation involved and what the attorneys involved had to do. So use additional questions such as: Will you tell us the general course of the litigation/transaction in this case, and what legal proceedings were involved?

Be sure to include asking: be sure to ask the additional specific questions of:

What is the reasonable attorney fee per hour for each attorney involved in the case?
What is the basis of that opinion?
What are the reasonable number of attorney hours involved in a reasonable fee for this matter?
Are the number of hours that have been asserted by Plaintiff/Defendant's attorneys as reasonable hours really a reasonable number of hours?

Dollar Amount Total and Calculations

Now let=s talk about the dollar amount of a reasonable attorney fee in this case, and how you calculated it.

Your opinion of a reasonable attorney fee is what dollar amount ?

How did you calculate that dollar amount, and what is the basis for the opinion?

Important: Try to have exhibits admitted that the jury can take to the jury room, with dollar figures and major items involved.

Consider what opinion or testimony you want to end on, as a high note. It will probably not be the following regarding the Adverse Expert's Opinion, but rather something that leaves your own expert's opinion in the mind of all concerned. So place the following where it will be most helpful to the jury's understanding, not at the end of your examination of your own witness.

Adverse Expert Opinion.

We have heard / will hear testimony from [experts on other side] regarding their opinion on reasonable fees. I would like your opinion, and the basis of that opinion, regarding.. . . . .

[The complete form, available at http://www.lawyer-deposition-forms.com/products/ATTORNEY_FEE_AWARD.htm is much longer than this excerpt.]

que