Working for out-of-state firms?

LNCs can work as testifying experts or as consulting experts. It is important that you determine up front at the first contact with the attorney as to whether or not you will be testifying or consulting. You do not want to do consulting expert work and later find that the attorney expected you to testify, since this could actually hurt the case depending on the reports you wrote before you knew that he wanted you to testify.

A consulting expert has much more work to do and generally the reports that they write will not be seen by the opposing side. Thus the consulting expert can help the attorney with case strategies.

A testifying expert does not testify on behalf of the attorney's client. Their testimony is to clarify medical/nursing issues and standards of care. They testify as to their opionions, based on their knowledge/experience/research, regarding standards of care and whether those standards were met in the case. MD experts would be testifying on disease processes and whether or not a deviation in SOC was what caused a poor outcome. Everything a testifying expert says/does is seen by the opposing side. They will probably write a report however the contents of the report is pretty much limited to what they are going to testify about, along with their CV.

LNCs should be getting a retainer up front before starting work. I have never had an attorney do work for me without them requiring a retainer fee. Since an LNC is a professional, attorneys should not be surprised at having the tables turned and being asked for a retainer.

Hello, alkaleidi

Most of my consulting work is out-of-state. I've never had issues about getting paid.

As for traveling to court; the only time I do that is when serving as expert witness. My fees are structured to cover consulting and expert. Totally seperate.

Most cases that I consult on are settled out of court. That's not to say all are, however. But, the largest majority.

As a consultant, you would not need to go to court at all. Your work as consultant is all behind the scenes. Sometimes I will attend, but it's not necessary.

Excellent point, RN1989

I might add that LNCs do not have to serve as expert witnessess (in their specialty area{s}) in order to be an LNC. If you soley choose to practice as consultant only, that's perfectly acceptable. I find most LNCs with whom I have contact are consultants and not expert witnessess.

Great answer. I will not begin a case without the retainer in hand. I bent my rule just once and was burned. Attorneys understand retainers and we are all business people. Retainer fees should be clearly stated, as well as rush fees, travel fees and so on.

Also in your initial discussion with the attorney be sure to clarify your role as a testifying or behind the scene consultant. As was previously so wonderfully stated the roles are very different.

This may be a stupid question, but what are "rush fees"?

Attorney contacts me and needs a report "yesterday". The time involved for me is intensive to meet attorney dead line.

What do you usually charge for rush fees? Is it a one time fee or a per hour fee that is higher than your usual per hour fee? Thanks.

It is an hourly fee time and a half.

My rush fees depend on how fast they want it. If they want it yesterday and I have to drop everything, depending on what they need --the fee may double or triple.