Some bars now recognize the need for written contracts between lawyers and the experts they receive. An expert should also be aware that certain statutes, such as those governing workers` compensation rights, establish appropriate medical schedules and provide that they are illegal, non-feasible and unenforceable, since a health care provider charges an applicant beyond the expected fee. See.C.S.R. 8-42-101 (3). Experts may also be disqualified for factual reasons, such as their research or statements in a previous case, which are directly contrary to the theory alleged in this case. It is therefore important to confirm in the agreement that there is nothing in the expert`s history that can contradict his current work or otherwise undermine him. It goes without saying that any standard arrangement should be tailored to the needs of each expert, to the particular circumstances of the assessment, as well as to any applicable legislation, jurisprudence and other standards or rules in the relevant jurisdiction. The disqualification of an expert in the middle of the trial can be devastating in one case. It is therefore important to discuss and locate in writing the existence of potential conflicts of interest. A potential conflict of interest may exist if the expert has previously been hired by the opposing party or recruited as an expert.
Ideally, an expert should have no connection with the opposing party. However, in some areas of practice or law, this may not be possible. In determining whether an expert should be disqualified because of a conflict of interest, does the majority of courts use a two-test antim – 1) Was it reasonable that the opponent believed that there was a confidential relationship with the expert? 2) Has confidential or privileged information been passed on to the expert by the opposite party? With regard to the test of two antim, a conservation agreement should confirm that the expert has referred possible disputes to the lawyer. Each time the advance is exhausted, a subsequent advance (for work within [the city or city]) is immediately allowed to testify at a maximum of 10 times the expert`s hourly rate, against which each additional hour is charged at the [hourly rate] rate per hour. In the absence of an agreement between an expert and a lawyer, the expert must recognize that he or she may still be compelled to provide the necessary information and an interprofessional court or committee may be asked to determine the amount and conditions of appropriate compensation.