Expert fees and court costs

One of the most common economic doubts is whether the expert’s fees can be recovered through an order for costs at the end of the procedure. The answer is nuanced and depends on several procedural factors that should be reviewed with your attorney before making decisions.

Nature of expert fees

The expert’s fees are the remuneration for the technical work carried out: analysis, inspections, writing the report, court appearance and any other associated management. They are a separate item from the attorney’s and attorney’s fees, and are governed by criteria specific to the expert profession.

What they usually include

• Case study and documentation provided.
• In-person inspections when appropriate.
• Coordination with lawyers or third parties.
• Drafting of expert report.
• court appearance.
• Additional appearances requested by the court.

Judicial costs: general concept

In a civil procedure, the ruling may impose costs on the party whose claims are rejected. When there is an order for costs, among the items included may be the fees of the party’s expert, with the limits and conditions established by the court.

Elements that usually intervene

• The result of the procedure.
• The court’s criteria on the concepts included.
• The scales or guiding criteria of the professional association.
• The assessment of costs.

When can they be passed on?

The possibility of passing on the expert fees to the opposing party depends on the direction of the ruling, the type of procedure and the content of the costs order. In some cases the entirety is recovered; in others, a proportional part; and in others, no amount.

Common situations

• Full estimate with costs order: greater probability of recovery.
• Partial estimate: variable or non-existent recovery.
• Dismissal: the fees are borne by the person who paid them.

Essential consultation with the lawyer

All issues related to costs, assessment, opposition to costs and execution of the sentence are strictly legal. You should always consult them with your lawyer, who knows the applicable procedure and the particularities of the case.

What the expert can contribute

• Clear and detailed quotation for the assignment.
• Compliant invoice for presentation in court.
• Additional appearances if necessary.

Previous transparency

Before accepting an engagement, PG Gabinete Pericial details the estimated amount in writing, with a breakdown of the applicable concepts. This allows the client to evaluate their decision with total transparency, without later surprises.

How to continue

For the ordering procedure, please refer to process. You can discuss your case from contact or the contact channels.