Charging witness fees

I've been asked to be a witness in an animal cruelty case. How should I be paid?

Robert Newman

"If the prosecution or the defense intends to qualify you as an expert, you should sign a written contract that sets the hourly rate you'll charge," says Robert Newman, an attorney focusing on civil litigation involving animals. "Typically, expert witnesses charge a lower rate for preparation time and review, and a higher rate for time spent testifying," he says. When you bill your time, also include travel time and time spent waiting.

"Your hourly rate will be based on what's considered normal and customary to the area, as well as your expertise," says Newman, a partner with Newman and Newman in Santa Ana, Calif. "For example, if you're board-certified, you can demand a higher rate than a nonboarded veterinarian." If you're being called only as a percipient witness, rather than as an expert, Newman says you'll be entitled to limited, nonexpert witness fees and payment for mileage to and from court.