Ethics Committee Advisory Opinion #1992‑93/10
Reimbursement of Litigation Consultant’s Attorney’s Fees
July 14, 1993
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))
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?