The attorney liked your CV. The call went well. Then comes the email: "Can you send over your fee schedule?"
If your heart rate just went up a little, you are not alone. Many nurses take their first case without one, quote a number on the spot, and spend months wishing they had thought it through.
A fee schedule is one page that answers money questions before they become awkward. It protects your time, sets expectations, and shows the attorney you run a professional practice.
Here is what goes into one.
Why a written fee schedule matters
Your compensation is not a private detail in expert work. In federal cases, a retained expert's report must include "a statement of the compensation to be paid for the study and testimony in the case." See Federal Rule of Civil Procedure 26(a)(2)(B)(vi).
Opposing counsel may ask what you charge and how much you have billed. A clear, consistent fee schedule means you can answer calmly and the same way every time.
The core parts of a fee schedule
1. Retainer
A retainer is an upfront payment before you start work. It is usually applied against your first hours of review. Your schedule should say:
- the retainer amount,
- whether it is refundable or applied to your final invoice,
- and that work begins once it is received.
2. Record review and case analysis (hourly)
This is your core rate. It covers reading records, researching standards, and forming your opinion. Most experts bill in time increments, such as tenths of an hour. State your increment.
3. Report writing
Some experts bill report writing at the same hourly rate as review. Others list it separately. Either way, say so clearly.
4. Deposition
Deposition time is often billed at a higher rate than review because it requires your full presence and preparation under oath. Many experts also set:
- a minimum (for example, a set number of hours),
- prepayment before the deposition date,
- and a separate line for deposition preparation time.
In federal cases, the party seeking discovery from an opposing expert generally must pay the expert a reasonable fee for time spent responding to discovery, unless manifest injustice would result. See Rule 26(b)(4)(E) on the same Cornell LII page. Your fee schedule should make clear who you invoice and when payment is due.
5. Trial testimony
Trial days are unpredictable. Many experts use a half-day or full-day rate rather than hourly, plus preparation time. A trial can move or run long, so state how waiting time is billed.
6. Travel and expenses
Cover both your time and your costs:
- Travel time, either at a reduced hourly rate or a portal-to-portal rate.
- Mileage, airfare, lodging and meals, at cost or at a stated rate.
- Records costs like printing or shipping, if any.
7. Cancellation and rescheduling
Depositions and trials get canceled late all the time. A cancellation policy protects the time you blocked off. A common structure is a window (for example, a set number of business days) inside which the minimum or a portion of the fee is non-refundable.
8. Payment terms
Say how and when you get paid:
- invoice timing (for example, monthly or at milestones),
- payment due date,
- accepted payment methods,
- and that you need a W-9 on file.
9. Rate changes
Add one line saying rates are reviewed each year and the rates in effect at the time of service apply. This avoids confusion on cases that stretch over several years.
What not to put on your fee schedule
- Contingency language. Your fee should never depend on the outcome of the case.
- "Discounts if we win" or anything similar.
- Patient or case details. Keep it general.
- Rates you will not stand behind if asked about them under oath.
How to decide your actual numbers
There is no single correct rate. What experts charge varies with specialty, experience, certifications, region, how much testimony experience you have, and whether the case is plaintiff or defense.
A practical approach:
- Look at what experts in your specialty and region publish.
- Consider your current clinical role and how closely it matches the cases you want.
- Set deposition and trial rates above your review rate.
- Pick numbers you can say out loud with confidence.
- Review them once a year.
Our free fee calculator is a good starting point if you are unsure where you land.
Keep it consistent with your CV
Your fee schedule and CV usually travel together. Use the same name, credentials, contact details and look on both. Date your fee schedule so you always know which version an attorney received.