Ethics Committee Advisory Opinion #1992‑93/10
Reimbursement of Litigation Consultant’s Attorney’s Fees
July 14, 1993
ANNOTATION:
A lawyer may reimburse the out‑of‑pocket costs of a fact witness or an expert witness, provided those costs are reasonably related to the litigations. (Rule 3.4(b))
A per diem fee for a fact witness (as opposed to an expert witness) may potentially violate Rule 3.4(b), unless such per diem was reasonably related to the witness’s lost time. (Rule 3.4(b))
QUESTION:
May an attorney reimburse an expert/consultant for attorney’s fees the expert/consultant incurred in defending a contempt action arising out of the expert/consultant’s involvement in the litigation?