Experts Need Paying


I read your comment 'The expert's choice of witness' with interest - but you must appreciate also the expert witness's choice of solicitor (see [2007] Gazette, 8 March, 14).



We are a small company and act as an expert witness in a very specialised field amongst our other work. Our recent experience has taught us to be extremely careful about who we take on because of the way we are treated by solicitors, particularly in respect of payment.



One recent firm wrote to us, after our demands for outstanding payments of over six months, saying: 'If we were to pay every expert, surveyor and barrister employed by us on every case firm-wide out of our own pocket (without first seeking reimbursement from those instructing us) we would have a severe cash-flow crisis in no time... At the end of the day, you need to weigh up whether almost £3,000 in fees is worth a six-month wait, as compared to no instructions at all.'



Sadly this arrogant attitude is now the norm rather than the exception, but let me make it plain - we work for solicitors, we invoice solicitors and if the solicitors cannot be bothered to chase their clients that is not our concern (but it should be theirs). Our cash flow, as a very small company, is almost certainly more critical than the cash flow of even a medium-sized firm of solicitors, and, as in the case above, very large firms.



Dr Tom Smith, Davas Ltd, Huntingdon, Cambs