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Structural Assessment for Legal Case

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Martino8

Structural
May 27, 2021
20
We rarely (if ever) get involved in legal work,

Background Info
We're reviewing the condition of an existing building for an owner that's fueding with the jurisdiction over competing visions for an existing retail space. The City would like to see it torn down and incorporated into a walkable pedestrian market area that's going on next door. The new owner (recently purchased the property) wants to renovate and re-rent. Our involvement would only relate to providing an assessment of the existing structural conditions.

Here's the Question
Is there a loose professional standard for legal billing rates?
I would presume it should be somewhat higher than design billing rates, but how much higher?
 
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Well, is the structural assessment actually part of the legal case? If so, yes charge more, but how much more I can't really comment on. I know in our office our hourly rate doubles for legal stuff.

If not, and it's just a standard structural assessment, I'd be inclined to treat it as such. Provide the owner a report of your assessment. Keep all legal discussions out of the report.
 
There are no standard billing rates. Its free enterprise....whatever your market will support. Typically engineers charge more than their standard billing rate, presumably because the work is higher risk and more heavily scrutinized in a legal forum. How do you value your time? Do you believe you are entitled to the same compensation as the lawyers? (That could be a whole new thread).
 
Nothing that I say is from my personal experience. However, my father was an expert witness (on economic issues such as calculations of damages) for years.

Your contract would likely be split between the "normal" work at regular (or close to regular) billing rates.

If you were asked to testify, then there would be additional billing related to preparing for testimony or depositions. This would be at an elevated rate and would include a minimum number of hours for each incident. Much of this would have to be paid up front or else you refuse to testify.... even if you've been subpoenaed.

Then there would be the actual testimony time, which would likely be at a VERY high rate. I'd guess a minimum of $500 per hour for court testimony, and a bit less for depositions. Again, if you've not been paid for a previous deposition, then you will not testify again until you get paid for the work you've already done.

Granted, if you have a good relationship with your client or their lawyer, then you may be a little more confident about getting paid. But, the danger is if someone doesn't like your professional assessment, the precision of the language you use or such, then they won't want to pay.
 
It might be better to engage a good architect for this. As far as existing strength, the engineering is OK. Are there any really good reasons the building should be retained? What the the town/city planner think about retention for particular style? or historic reasons. Do you have any authority beyond the town/city planners. In Manitoba, there was a large development that the City wanted, but the decision to develop went to the Manitoba Municipal Board and the development was declined.

-----*****-----
So strange to see the singularity approaching while the entire planet is rapidly turning into a hellscape. -John Coates

-Dik
 
Agree with Josh. But be careful, lawyers in some jurisdictions can petition a judge to force you to lower your rates if they are unreasonable. (You charge 5x normal rates with a minimum 8 hours per day; you end up doing 6 hours of work over 5 days and they suddenly owe you 5 weeks of pay.)
 
I haven't been an expert witness in nearly 2 decades, but my chargeout rate was 3x my regular chargeout rate.

-----*****-----
So strange to see the singularity approaching while the entire planet is rapidly turning into a hellscape. -John Coates

-Dik
 
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