Q: I was recently contacted about consulting for a medical malpractice law firm. This might lead to serving as an expert witness in a trial, but it is currently about reviewing charts, making recommendations about case management, and assisting in trial preparation if the firm has questions. How should I bill for this? Can I set up a retainer?
A: You can charge on a flat per-case rate or by the hour, plus reasonable expenses. If you use the second method, then you should send itemized bills that are specific to the work that you did, either when you do that work or monthly. You want to make a good impression the firm that may employs you that you are being directly productive.
You can set up a retainer if you want to and if they prefer it, but if you do so, then inform them by invoice every time that you deduct from it and note what work you did.
If they supply you with a computer or secretarial services for this work, then those resources should only be used for the purpose of your consulting work. To the extent that you use them in your own office work (eg, replacing the need to pay for them yourself), you will have additional income that must be reported for taxes in addition to what you were directly paid.
As an ethical matter, it is essential that you do not take a share in the case or agree to work now, or as a trial expert, based on a higher payment if the firm wins its case. Your role is to be an honest medical voice, and so your fee should never be contingent on the outcome of the case.
