This came into me from a expert witness email newsletter. Thought it would be an interesting read and topic for discussion.
Expert
I am slowly establishing a practice providing expert services in
California. I target attorneys who specialize in [my area of expertise]
and have developed a database of almost 4000 CA attorneys and the list
is growing.
I was considering offering an introductory “first two hours’ fee waiver”
for any new attorney that retains me. If for any reason they do not like
my initial analysis they do not have to pay for the first two hours.
What do you think?
Rosalie’s Response
I don’t like the impression this gives. First, all an expert has to sell
are his knowledge and his time, and you shouldn’t give them away.
Second, you do not want to appear to participate in the “expert
shopping” that some (hopefully, few) attorneys do, wherein they get an
oral opinion and if they don’t like what they hear, even if it’s
completely valid, they then go shopping to hire a w***e expert to say
the opposite of what they have just learned is the actual situation.
I know it is challenging to adopt altitude when you are trying to build
a practice, but your opinion is worth something, whether it’s good news
or bad news. You don’t make the news; you just deliver it, and that is
what you are paid to do.
I happen to agree with the answer; people come to expect to get what they pay for. I have no problem spending some time on the phone with a client on initial consultation but ultimately I want them to come off the phone call wanting my services if the case warrants the need. (I have no problem telling a client that what they want might not be possible.)
Isn't 2 hours a really a small window?
//But ditto on the responses.
In general, we don't charge clients the time that we spend learning the details of the case and deciding if we are a good fit. Until we learn enough to give them a reasonable estimate and they accept our terms there is, in essence, no contract.
Since this can amount to a few hours worth of work, it is our time that they are getting for free, however, during this period, we are not giving advice, per se, but simply trying to establish that there exists grounds for a good relationship.
I agree with the other suggestions, especially the impression of "witness shopping" which can arise from a discount scheme such as what was proposed.