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Attorney Fee Expert Witnesses: a specialty
practice
Attorney fee expert witnesses are few. They are in a specialty
practice that demands five special capabilities.
- Knowledge of legal ethics, and legal
standards for attorney fee awards. The expert must have a familiarity,
awareness, and understanding gained through study of legal ethics and
legal standards for attorney fee awards. A reasonable attorney fee is a
matter that involves both legal ethics and also the considerable body of
law on the legal standards for determining a reasonable fee to be
awarded.
- Knowledge of legal process time and
requisite skill level. Providing
a proper analysis of what was done demands that the expert have
considerable experience and knowledge of what constitutes a reasonable amount of
attorney time for the tasks done, and what is the
requisite skill level needed for the tasks.
- Ability and willingness to do the required -
time intensive - factual research and analysis.
There must be factual research and analysis of what tasks were done (or not done)
by the attorneys seeing a legal fee award. Then there must be an expert
attorney analysis of what reasonably needed to be done versus what was
done (or not done). This research and analysis is a time-intensive
process; a person unwilling or unable to devote the time to do the
proper research is not using the accepted methodology of the specialty
field of legal fee analysis.
- Reporting and proper methodology.
Today's expert must be able to write a detailed report, based on expert
methodology that will pass Daubert-style
attacks.
- Clarity in testimony. There must be
communication by the expert to the fact-finder, by
clear testimony in depositions and
trials.
Attorneys have honored
Leonard Bucklin by electing him a Fellow of the International
Academy of Trial Lawyers, which strives to recognizes 500 top trial lawyers in the
United States. Bucklin is a trial lawyer who is also an ethicist and educator. He was for five
years the managing editor of the ethics section of eDicta published by the Tort, Trial & Insurance Practice Section of the American Bar
Association, and is a clinical ethicist for corporate management, providing
ethics training and counsel.
He is the author of over 17 books and articles on litigation, ethics, and
management.
The
web site is descriptive, educational, and extensive. (Hundreds of files of information and links.)
Various divisions of this website include: trial and expert witness
law, advice on choosing an expert witness, how to handle attorney legal fees disputes and obtain expert witness testimony, and
substantive and procedural law of litigation. Still other divisions discuss corporate ethics seminar education and law firm management.
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