Discovery Depositions. During the Covid-19 pandemic I am conducting all discovery depositions and attorney client conferences virtually via computer. I charge a flat fee of $3,500 for discovery depositions and require that all deposition fees be paid prior to the day of the deposition. I rely upon the firm with which I am working to communicate my Fee & Expense Policies regarding discovery depositions to opposing counsel. It is my practice to charge a flat fee of $6,000 for any De Bene Esse deposition which is used at trial in lieu of my personal appearance. Trial Testimony: In the event that a case is not settled and proceeds to the stage of trial, my fee for expert witness testimony is $6,000 plus whatever travel and per diem expenses are associated with my court appearance. I will provide your firm with a detailed written invoice reflecting this sum prior to the date of my proposed testimony. The full invoice amount must be received prior to my departure for trial. In the unlikely event that conditions at a trial necessitate my presence for additional days, there will be a flat fee of $2,400 for each day (or any portion thereof) in addition to related per diem expenses. This sum will be due and payable at the time of my trial appearance. Trial Cancellation Policy: I normally begin my preparation for trial testimony one week prior to my scheduled appearance. In the event that a case is settled or continued during that period of the time I charge a flat cancellation fee of $2,500. (This covers any trial preparation work I may have done; as well as any related expenses (e.g., airline and hotel cancellation penalties). Mediation: My fee for participating in video presentations of my professional opinions in a case is $300 per hour (this fee applies to preparation for and participation in litigation related videos). Any use of such a video product without my full compensation in advance is strictly prohibited. This includes use of video excerpts of my opinions during mediation and/or settlement discussions with opposing counsel. Site inspections: My chief assistant Xxxx Xxxxx is a former police lieutenant with many years of experience in both private security and law enforcement. He is also a licensed private investigator. Xx. Xxxxx charges $150.00 per hour (plus related per diem expenses) for site inspections conducted at my request on cases in which I have been retained as a consultant and potential expert witness.
Discovery Depositions. The Polycom video teleconference system gives attorneys the option of deposing me from their location without incurring the time and expense of traveling to mine. There is no additional charge to either side should you elect to do a video deposition from your location or locations (the HDX 9002 has the capability of tying my office conference site to three other locations simultaneously). I am pleased if requested to make a video recording of any discovery deposition taken at my location and to provide copies of it to all participating attorneys at no charge. If your office does not currently have a VTC capability, you can easily add one to your existing computer or laptop with readily available software; alternatively, you can attend a video deposition either through a VTC equipped law office or Polycom compatible rental site in your area. In the event that opposing counsel wish to depose me in person, they have the option of doing so at my Palm Beach Gardens office or having me travel to another location. I charge a flat fee of $3,000 for discovery depositions conducted in Palm Beach Gardens. Depositions conducted beyond Palm Beach Gardens involve a flat fee of $6,000 plus travel and per diem expenses. I require that all deposition fees and expenses be paid in full at the time a deposition is taken. I rely upon the firm with which I am working to communicate my Fee & Expense Policies to opposing counsel.
Discovery Depositions. My office has the ability to conduct video depositions (as well as virtual ‘face-to-face’ case conferences) from our location via Polycom, Zoom or Skype. In the event that opposing counsel wish to depose me in person, they have the option of doing so at my Palm Beach Gardens office or having me travel to another location. I charge a flat fee of $3,500 for discovery depositions conducted in Palm Beach Gardens. Depositions conducted beyond Palm Beach Gardens involve a flat fee of $6,000 plus travel and per diem expenses. I require that all deposition fees and expenses be paid in full at the time a deposition is taken. I rely upon the firm with which I am working to communicate my Fee & Expense Policies to opposing counsel.
Discovery Depositions. EACH SIDE'S DEPOSITIONS ARE TO CONSUME NO MORE THAN A TOTAL OF FIFTEEN (15) HOURS. THERE ARE TO BE NO SPEAKING OBJECTIONS AT THE DEPOSITIONS, EXCEPT TO PRESERVE PRIVILEGE. THE TOTAL PERIOD FOR THE TAKING OF DEPOSITIONS SHALL NOT EXCEED SIX (6) WEEKS. THE PARTIES ADOPT AND AGREE TO IMPLEMENT THE JAMS OPTIONAL ARBITRATION APPEAL PROCEDURE (AS IT EXISTS ON THE EFFECTIVE DATE OF THIS AGREEMENT) WITH RESPECT TO ANY FINAL AWARD IN AN ARBITRATION ARISING OUT OF OR RELATED TO THIS AGREEMENT.
