Expert’s fees

Mark Solon in a helpful article in the New Law Journal of 22 May discussed disputes over expert’s fees. If the expert is instructed by the solicitor, then it is the solicitor and not the client who is liable for the expert’s fees unless the client and the expert have expressly agreed otherwise. Disallowance of all or part of an expert’s fees between the parties will not impact on the contract between the party, the lawyer and the expert unless the expert is willing to accept a lesser fee in the circumstances. Any shortfall is payable by the person who instructed the expert, usually the solicitor. Mr Solon identified the following matters that should be agreed with the expert at the outset: