Fee & Expense Policy
Case Preparation: It is my practice that, once I have been requested to participate in a case, I require a $6,000 retainer. This flat fee is nonrefundable and covers in its entirety any research and analysis I may need to conduct to effectively evaluate your case, as well as to prepare for a discovery deposition and potential trial testimony. Specifically, the flat-fee retainer encompasses the following: my analysis and evaluation of all relevant material provided by your office in formulating professional opinions on the case; and all conference calls and meetings you may wish to schedule to discuss the case or obtain guidance throughout the discovery process. I encourage you to contact me as often as you wish for assistance. All substantive discussions regarding your case will be with me personally. Please note that the flat-fee retainer does not include requested written reports and affidavits, nor research specifically related to the preparation of such documents, as discussed below.
Reports and Affidavits: I meticulously prepare every written report requested by a client and personally conduct all research required for its preparation. Over the years, I have found that the thoroughness and quality of my reports have helped successfully resolve complex litigation. Due to the substantial time normally required to prepare a written report, I will provide your office with an itemized invoice of $200 per hour for any requested report. This sum is due and payable in full upon receipt and acceptance of the final report. I use the same billing procedure for preparing affidavits.
Any use of a DRAFT REPORT OR AFFIDAVIT I have prepared before my complete compensation for such a product is strictly prohibited. This includes the use of such documents at mediation as well as during settlement discussions with opposing counsel by you or your representatives.
Because I am involved in several active cases at any given time, I require a minimum of twenty-one (21) days' advance written notice for all reports and affidavits. This is essential to ensure the timely production of such documents. The same twenty-one (21) day advance notification is also required for deposition and trial testimony.
Electronic & Paper Files:
Once I have been formally retained in a case, I can begin work using initial information provided in email attachments or via Dropbox; however, I must receive all relevant documents to complete my analysis.
Discovery Depositions: It is my practice to participate in discovery depositions via Zoom. I charge a flat fee of $3,000 for discovery depositions and require that all deposition fees be paid in advance. The time limit for Depositions is 6 hours. I rely upon the firm with which I am working to communicate my Fee & Expense Policies to opposing counsel. It is my practice to charge a flat fee of $3,000 for any de bene esse deposition used at trial instead of my personal appearance.
Trial Testimony: If a case is not settled and proceeds to trial, my fee for expert witness testimony is $3,500, plus any travel and per diem expenses associated with my court appearance. I will provide your firm with a detailed written invoice reflecting this sum before the date of my proposed testimony. The full invoice amount must be received before I depart for the trial. In the unlikely event that conditions at a trial necessitate my presence for additional days, there will be a flat fee of $2,500 per day (or any portion thereof), in addition to related per diem expenses. This sum will be due and payable at the time of my trial appearance.
Trial Cancellation Policy: I normally begin my preparation for trial testimony one week before my scheduled appearance. If a case is settled or continued during that period, I charge a flat cancellation fee of $2,500. (This covers any trial preparation work I may have done, as well as any related expenses (e.g., airline and hotel cancellation penalties).
Mediation: My fee for participating in video presentations of my professional opinions in a case is $300 per hour (this fee applies to preparation for and participation in litigation-related videos). Any use of such a video product without my full compensation in advance is strictly prohibited. This includes the use of video excerpts of my opinions during mediation and/or settlement discussions with opposing counsel.
Site inspections: The fee to conduct site inspections at my request on cases in which I have been retained as a consultant and potential expert witness is $200 per hour (plus related per diem expenses). The fee for a written report is $200 per hour.
If it becomes necessary to institute proceedings for the collection of the balance due from the client attorney, he or she agrees to be responsible for all legal fees and costs associated with such collection proceedings, should Mark Lang prevail. Venue for any such proceeding shall lie in Orange County, Florida. If a judgment is entered against the client's attorney for any balance due, such judgment shall incur interest at the rate of one and one-half percent (1.5%) for any unpaid balance after thirty days.
ANY OFFICIAL LISTING OR DESIGNATION OF ME AS AN EXPERT IN A CASE WITHOUT MY EXPRESS PERMISSION AND FORMAL RETENTION IS STRICTLY PROHIBITED.