PURPOSE: To determine whether the legal fee justifies the expense of litigation.
There are three categories of case expenses: (1) Pre-Lawsuit Expenses, (2) Discovery Expenses, and (3) Trial Expenses. The “Pre-Lawsuit Expenses” are incurred before the filing of the lawsuit. The “Discovery Expenses” are incurred between the filing of the lawsuit and the filing of the note of issue, and the “Trial Expenses” are incurred between the filing of the note of issue and the completion of the trial.
The lawyer, paralegal, and secretary should prepare, review and sign the Case Budget before every lawsuit is filed. The total expenses of the Case Budget, the settlement value and the ratio of the legal fee to expenses should be entered in the Client/Retainer tab in Trialworks, and the Case Budget should be scanned into the Miscellaneous tab in Trialworks.
#1: Pre-Lawsuit Expenses
(Expenses Incurred Before Filing of Lawsuit)
Expert Witness Fee*: $_______
Medical Records Fees: $_______
Consultation Fee of Charles Gabelman, M.D.: $_______
*An expert witness should not be retained until we receive a written estimate of their fee and the expert confirms that he/she will not exceed the amount of the estimate without prior authorization from us.
#2: Discovery Expenses
(Expenses between the Filing of Lawsuit to Note of Issue)
Filing Fees: $_______
Process service Fees: $_______
Subpoena Fees: $_______
Medical Records—Photocopy Fees: $_______
Postage—Federal Express Fees: $_______
Fees of Consultant, Charles Gabelman, M.D.: $_______
Number of Depositions: _______
- Stenographer fees for depositions: $_______
- Videographer fees for depositions: $_______
Number of Expert Witnesses:_______
Treating Physician:_______
Medical Specialist:_______
Life Care Planner:_______
Neuropsychologist:_______
Economist:_______
- Review of File by Expert: $_______
- Lawyer’s Meeting with Expert: $_______
TOTAL Expert Witness Fees*: $_______
#3: Trial Expenses
(Expenses between the Filing of the Note of Issue and Trial)
Expert Witness Fees:
Number of Expert Witnesses: ________
- Transportation and Lodging: $_______
- Review of File by Expert: $_______
- Lawyer’s Meeting with Expert: $_______
- Trial Testimony: $_______
TOTAL Expert Witness Fees*: $_______
Focus Group Expenses: $_______
Process Service Fees: $________
Subpoena Fees: $________
Fees of Consultant, Charles Gabelman, M.D.: $_______
Editing Fees for Videotape Depositions: $_______
Video Playback of Videotape Depositions at Trial: $_______
Courtroom Exhibit Fees: $_______
Transportation, Meals and Lodging Expenses for Attorney: $_______
Transportation, Meals and Lodging Expenses for Paralegal: $_______
Court Reporter Fees for Trial Transcripts: $_______
Summary of Expenses
- PRE-SUIT EXPENSES: $_______
- DISCOVERY EXPENSES: $_______
- TRIAL EXPENSES: $_______
TOTAL EXPENSES: $_________
Ratio of Legal Fee to Expenses
Settlement Value: $________
Total Legal Fee: $___________
Legal Fee to John H. Fisher, P.C.: $_______
Ratio of Legal Fee to Expenses: _______
[Goal: Ratio of 10 to 1 for Legal Fee/Expenses]
Dated:___________________
_________________________
John H. Fisher
_________________________
Corina Skidmore
_________________________
Alyssa Marcello
photo credit: Balancing The Account via photopin (license)
