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 while Jury is Fresh.
Mr. Expert, did I ask you to prepare an opinion and give us your
opinion what the reasonable fees for Plaintiff/Defendant
> s attorneys in this case?
Have you prepared such an opinion?
What is your opinion?
Mr. Expert, did I ask you to prepare an opinion and give us your
opinion what the reasonable costs for Plaintiff/Defendant
> s attorneys 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.
Before we discuss what you did and the details of your
examination of the facts in this case, 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?
What publications have you written?
What professional organizations do you belong to?
What is your work experience that bears upon the setting of a
reasonable attorney fee in this case?
What areas of law or expertise are 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 and (3) Legal
Ethics.]
Why does the field of Legal Ethics enter into
the determination of a reasonable attorney fee? [The state code of professional
responsibility section on the subject may be briefly discussed, in addition to
other factors.]
What special training and experience
have you had with Legal Ethics?
What experience have you had in [the litigation
or transaction field involved]?
What
special training and experience have you had regarding Attorney Fees and
Expenses?
Have you worked as an expert giving opinions for plaintiffs or for defendants?
This area of expert qualifications should be gone into in great
detail. Use all the professional qualifications that you can from the expert=
s resume. If the expert has been admitted to special boards or professional
organizations, bring those out.
Examination Made in This Case.
Now let's move to the subject of what you did to come to your
conclusion. First let's talk about what
examinations you made in this case and what those examinations showed?
When did you first examine this case?
What was date of your first examination?
What did you do in that examination?
What did your examination disclose?
After that first examination what did you do?
As a part of your examination, did you use any publications or
studies?
|
If the expert has furnished a methodology@ of his
report/opinion, use this as an additional checklist outline in your questions.
|
Factors Considered plus the Opinion.
Now let=s move to the
subject of what factors did you consider in coming to your conclusion on
reasonable attorneys' Fees?
Your opinion is ?
How did you calculate that dollar amount, and what is the basis
for the opinion?
| It is wise to use an exhibit that the jury can have in
the jury room, with the dollar figures and major items involved. |
Now let= s move to the
subject of what factors did you consider in coming to your conclusion on
reasonable attorneys' Costs?
Your opinion is ?
How did you calculate that dollar amount, and what is the basis
for the opinion?
In addition the usual opinion on the amount of Dollars of Fees
and the amount of Dollars of Costs, be sure to ask the additional
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?
|
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.....
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