Part six: Mark Solon discusses disputes over experts' fees
Disputes over payment of fees are probably the most common cause of conflict between experts and solicitors, particularly arguments about quotations and estimates, payment for work additional to the report, late or nonpayment by the solicitor, disbursements incurred by the expert and cancellation fees.
Agreeing fees with the expert prior to instruction
The contract
It is essential to agree the basis on which the expert will be paid before instructions are confirmed. The expert's terms and conditions, your letter in reply (or theirs if they issue terms of engagement) and your letter of instructions form the contract. Ideally, both the solicitor and the expert should sign their acceptance of the terms, including the fees. Some experts will use or adapt the model terms of engagement published by the expert witness organisations. The terms recommended by the Expert Witness Institute and by the Academy of Experts can be found on their websites at www.ewi.org.uk and www.academyofexperts.org. If the expert sends you their terms and you do not respond, the presumption will be that you have
