A couple of months ago, I posted about the charging structure when you are due to appear in court and it's cancelled at very short notice. This week, the opposite happened. At around lunchtime, I had a call that one of my team was required at 9.30 the next day in Crown Court. We had received no notice on this case. Obviously, it's hard, if not impossible to comply with such requests but should an additional charge be made? seems fair to me.
What does your contract say? In nearly all my engagements, there is a contract which specifies what are my charges in various circumstances.
In the US, parties to a hearing/trial are generally at the mercy of the court with respect to scheduling. That is a given.
Bottom line For me, erratic schedules go with the territory. I charge my usual and customary rate.
fair points but what if the client has not even informed you that there is a trial? that's nothing to do with being at the mercy of the court. As well as the fees issue, there is also the need to have time to properly prepare.
fair points but what if the client has not even informed you that there is a trial? that's nothing to do with being at the mercy of the court. As well as the fees issue, there is also the need to have time to properly prepare.
Well, I've been lucky in that this has never happened. Again, a lot of this has to do with the limits of your contract and in the US all contracts have an implied "good faith and fair dealing" clause which acknowledges a positive obligation on the part of all parties to see to it that objective of the contract is satisfied.
Under this kind of situation, where lack of preparation could harm the interests of my client and, ultimately, subject me to liability, I'd be tempted to inform the client that they are in breach of the contract by failing to give me sufficient noticed to prepare.
It would be up to you and the client, then, to negotiate the terms of any additional work that you would do for them.
I will say that every couple of cases, I end up asking my lawyer to add or modify clauses to our standard contract based upon what happens during the case.
One of particular note is the possibility that the consultant may wish or require to have his/her own legal counsel during deposition. This can be especially important if the consultant is being deposed as a fact witness rather than an expert witness.
You are spot on and I would like to think that the "good faith" principle would exist both morally and proffesionally even if it not an explicit clause. The problem is, of course, that you have to offer this to all clients and you can't be in 2 places at once so it seems harsh to mess another client around due to a request out of the blue from another client who should have informed you weeks in advance.
This "last-minute" aggravation is par for the course in the U.S. If it really will put you in a bind, your attorney should ask for a continuance to allow you to adequately prepare.
Knowing how courts like to "game the system," though, an examiner should be at least well-familiarized with their active cases.
The only speeding ticket I have had in the last 10 years was in a police vehicle trying to make court on time, after I was notified at 9am that I had to be in court at 10am 50 miles away.
A lack of reasonable notice is common enough that it should be expected. I don't think that billing is the appropriate response necessarily. However, you could put something in your contracts about work conducted at short notice having extra costs if it for example requires you to pay overtime for your examiner to spend that evening reviewing his/her notes. Of course, you would need to specify something like this up front, and if you haven't done so, then it's your problem unfortunately.
I would not be adding on any additional charges which are not specified in the service agreement / contract. I'd write it off as a lesson learned, and amend my contract to allow for this issue in the future.
A client of mine just the other day made a point of thanking me for responding to their location for a whole day with less than a day's notice. Happy clients like these are the kind who are likely to recommend your work to others, or provide a positive recommendation when a potential client asks for references and generate further income in the future. I tend to value the good will of my clients over a small cost or inconvenience.
EDIT I would echo AWTLPI's comments about requesting a continuance if you haven't had sufficient time to prepare. I would hate to give evidence not having appropriately reviewed my case notes.
I would not be adding on any additional charges which are not specified in the service agreement / contract. I'd write it off as a lesson learned, and amend my contract to allow for this issue in the future.
In complete agreement, here. You can't change the rules once the game has started, even if they aren't written down.
Besides, there is the opportunity to get some marketing capital. We once did a rush job on a weekend which cost me part of my holiday. The attorney who retained us on behalf of the client made mention of the fact that we charged our standard rate, not an expedited rate, and not only did the client pay us promptly, they engaged us for other work.
Bottom line, if you need the time to prepare, ask for it; you don't want to compromise the client's case by being unprepared (and I have cases that are over 3 years old where they are just coming to trial so it is possible that a case may not be fresh in your mind), push for a postponement or continuance.
Take a breath. Never do anything out of anger or frustration with a client unless you are prepared for the consequences. You never know what can come around to bite you in the you know what.
A couple of months ago, I posted about the charging structure when you are due to appear in court and it's canceled at very short notice. This week, the opposite happened.
I would not be adding on any additional charges which are not specified in the service agreement / contract. I'd write it off as a lesson learned, and amend my contract to allow for this issue in the future.
Lesson learned - agreed. There are some very practical business aspects to this field that are universal in all client/customer relations. You have had two very different situations that demonstrate the need for imposing contracts with your clients that clearly specify
Rates - hourly, depo/testimony, lab fees, computing time
Terms of payment
Method of payment
Variables in scope of agreement that result in additional fees
Indemnification Clauses
Expense reimbursement
And basically any other curve ball that comes your way. Again, this is a business and you have to equate my time = X$ and put it in writing from the beginning so both sides do not have any surprises.
Unless there is contractual agreement otherwise, I do not see why FIs should charge regular fees on rush cases.
I can expect an attorney, doctor even the plumber to charge double on a rush event. Am I less worthy?
I understand taking the moral high road and hoping there will be a positive benefit, be it good client relations, or more contracts.
I am too much of a cynic to presume that. My presumption is that once I allow my services to be used at a whim without reprecautions, the news will spread and my goodwill, will be abused.