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Prepayment prior to releasing reports

  • 1.  Prepayment prior to releasing reports

    Posted 12-16-2024 14:57

    I find myself getting a little frustrated with needing to frequently contact some referral sources multiple times regarding late payment of invoices.  I'm aware that some folks require payment of the invoice prior to releasing the report.  This has always struck me as a little "severe" but I am reconsidering.  Would anyone share their experiences if they've done this in the past?

    Thanks in advance.

    Mike



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    Mike McCord
    mike@mccordrehab.com
    Atlanta, GA United States
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  • 2.  RE: Prepayment prior to releasing reports

    Posted 12-16-2024 19:39
    My Retainer Agreement is worded that they don’t receive my assessment/report until my invoice for time spent thus far is paid.
    Best,
    Michele Erbacher5, MS, CRC, ABVE/F
    sent from my iPhone




  • 3.  RE: Prepayment prior to releasing reports

    Posted 12-16-2024 19:59
    Michelle, I’m glad to see that this was in your retention agreement. What our colleagues need to understand is that we live or die by the language in our attention agreement. We have no recourse against a deadbeat attorney if they have not signed a retention agreement that spells out the penalty for not paying our bills.

    Good for you.

    Bob
    Robert H. Taylor
    1987 Haven’s End
    Prescott, AZ 86305-2148
    (928) 713-6833

    2162 Summerlin Ln
    Longmont, CO 80503-3915
    (928) 713-6833

    Sent from my iPad




  • 4.  RE: Prepayment prior to releasing reports

    Posted 12-16-2024 21:05
    Yes, Bob. If deposition/expert testimony is required, higher hourly rate, travel reimbursement specifically spelled out, invoice payable within 30 days, interest rate for late payment is 18%. They pay all filing fees, my attorney fees in order to be paid, if need be, and that’s in the Retainer Agreement too. It’s too bad all attorneys don’t play fair, but some don’t. If the attorney is someone of whom I’ve never heard, I “ask around.”
    Best,
    Michele Erbacher, MS, CRC, ABVE/F
    Erbacher Rehabilitation & Consulting
    Cell: (716) 807-6708

    sent from my iPhone




  • 5.  RE: Prepayment prior to releasing reports

    Posted 12-16-2024 20:41
    Pardon the typo, LOL.
    -Michele Erbacher, MS, CRC, ABVE/F
    sent from my iPhone




  • 6.  RE: Prepayment prior to releasing reports

    Posted 12-17-2024 08:55

    Ugh... I got so tired of chasing down payment that in 2017 I started charging a flat fee for the production of report and a flat fee for testimony.  The report flat fee is rquired to engage my services and the testimony flat fee is required prior to my attendance for testimony.  I've made very few exceptions (maybe 2 or 4) over the years due to special circumstances and my comfort level.

    Only on 3 occasions has someone objected to my receiving payment up front telling me it's the insurance companies policy not to offer payment prior to services being offered.  For all 3 times I responded that I understood and I wished them well finding someone that fits their criteria... 2 of the 3 times they changed their mind and provided me payment as outlined in my agreement.  

    Cash flow is good and I do not have outstanding invoices.



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    Brian Bierley
    Vocational Expert
    Bribierley@gmail.com
    Carlisle, PA United States
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  • 7.  RE: Prepayment prior to releasing reports

    Posted 12-17-2024 09:13

    I have had to become more and more unequivocal with this topic, Mike.  Even payment of a basic retainer before I touch a case in any way.  Absolutely now.  The response on the payor side is not always positive, but enough, like you, is enough as they are always in a rush to get things started.  I cannot allow their problem to become mine, nonetheless.  In the end, the same actors are in no rush to get us paid.  

    Going further to issue a bill prior to releasing the expert report is a bit tougher for a myriad of reasons, but that too is more and more of a standard.  As to pre-payment of deposition costs, that is mandatory, with the caveat that I use- to refund or request more or less dollars upon completion.   Of course, I then "overcharge" in advance so as not to be ultimately holding the bag and similarly do pay a prompt refund of unused amounts- minus a handling charge.  

    More recently, I am getting partial payments from my original referral source, stating that another attorney(s) is also sharing the report, and hence the cost.  But I do not even know who the "other attorney" is and have no way to collect from them.  This item too has become part of my retainer:   the signer is fully responsible for the full amount, regardless of whether the report is shared among others.  If others are to pay, a retainer with that "other" also needs to be signed.

    The 95% vs 5% rule applies in our craft.  While we may count on 95% of bills to be paid smoothly, the remaining 5% is a phenomenal hassle, with late, if any, payments without taking the matter into court.  That 5% is expensive in terms of time/effort as well as "ruins" it for all others but one of the hard lessons of business is to distinguish money from notions of civility or right and wrong.  People treat us in a manner that we indicate we will accept.  

    As a collective, experts in our craft must somehow have a "reputation" for being soft on this item.   Why else is this an issue?   It's time to turn that all around so that we are known as a sector, to be adamant and fastidious as a whole with our bills.  And that's good, fair, and honest business.  

    Great question and post! Good luck.  Best to you for the holiday Season, and the year ahead, Mike!   



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    Bob Paré, MS, CRC, LRC, CDMS, FVE, ABVE/D
    rpare@consultativerehab.com
    Mt. Laurel, NJ. Tel: 609-531-2529
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  • 8.  RE: Prepayment prior to releasing reports

    Posted 12-17-2024 09:26
    I also require pre-payment prior to a deposition, but I was recently told that the statute says they don't have to pay in advance.  This is Florida so may not be everywhere.





  • 9.  RE: Prepayment prior to releasing reports

    Posted 12-17-2024 10:41

        I have continued to tweak my retention agreement over the years after each time I've learned the hard way from an attorney who looks for any way possible to reduce or not pay my fees. I've added additional clauses to protect myself which includes requiring a retainer that is enough usually to complete work through an initial report, and my agreement says the retainer must be paid before the report will be issued. I require a non-refundable pre-payment for 4 hours of deposition time just to reserve a date. Since it's usually opposing counsel deposing me, I generate an invoice to them that states I will not appear for depo without that payment. The invoice also says that if they cancel a date within a month of the depo and want to schedule another, another non-refundable pre-payment fee is owed and if the depo goes longer than 4 hours, an invoice for the additional time will be generated. Those terms have cut down on "moving target" depo dates as well as lengthy depos.

         Bob mentioned partial payments from referral sources, and I've experienced those kinds of issues in the past. Now my retention agreement states that the referral source is responsible for all payment unless they inform me otherwise and provide all contact information and a signature for anyone else who may be partially responsible. 

        Although I do more plaintiff work than defense, I will be happy to take cases from either side. However, if it's a defense case and I am contacted by an insurance company's in-house or outside attorney, I tell them during an initial phone call that I know insurance companies often don't like to pre-pay these kinds of things, but that is how I operate. If the claims rep or whoever is responsible for issuing checks doesn't want to do that, then I will not be able to take the case. Most of the time they find a way to meet my terms, and I almost never have to chase down payment these days. 



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    Stella Frank
    Vocational, Disability & Career Consultant
    sdoercrc@gmail.com
    Stillwater, ME United States
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  • 10.  RE: Prepayment prior to releasing reports

    Posted 12-17-2024 22:01

    I see no logical way or reason to do flat fee in forensics. I have done VE work in just about every forensic type of case I know of for four decades. Most of that concurrent with other VR casework. I have had VE cases where I bill 10 hours start to finish and others, 150 hours. Some cases have peanut documents and others truckload. Some dx and limits and work hx simple, some multiple and terribly complex. Some with 50-page report some 2 page some no report, jus verbal.

    Human nature is such that if a professional or skilled trade worker does everything flat-fee they may well dumb it down and do quickie stuff as their idea of max typical hours/case plays out. I loved going up against flat fee or low budget experts since you could easily pinpoint short cuts and less than thorough junk, stuff missed or "overlooked". There are other legal words for that when cases are lost and messed up. Be the best. Good and great attorneys with food and great cases want the best and want you to do great and thorough work. Out of hundreds of cases, coming equally from plaintiff and defense I had maybe a dozen very late pays over the decades.. It was okay.

    As a 26 year old kid starting my business in WC VR I got a CPA who told me to get a credit line with commercia bank, and start a C corporation, the way (real) businesses do. Nothing in VR was pre-paid. CPA also helped me design a fee agreement when I soon also did VE, which had the attorney sign agreeing to pay 1.5% interest per month on invoices not fully paid within 30 days. That is what his own contract charges. The vast majority paid bills timely. Those who did not paid interest. So what?  A few moaned about that and I asked them why did they sign the agreement and they paid.It is a misnomer that only plaintiff attorneys are late. Huge defense firms sometimes worse and pay late too. I got totally skunked but only once in forty years by a defense attorney. I testified opposite him years later and he did the percentage D and F baloney. I testified that I had been retained my him and that he skunked me. Judge smiled.



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    Scott T. Stipe, MA, CRC, CDMS, IPEC, D/ABVE
    Certified Rehabilitation Counselor
    Board Certified Vocational Expert
    Scott Stipe & Associates, Inc.
    DBA Career Directions Northwest
    4110 SE Hawthorne Blvd
    #188
    Portland, Oregon, 97214
    (503)807-2668
    email: sstipecrc@gmail.com
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  • 11.  RE: Prepayment prior to releasing reports

    Posted 03-14-2025 13:19

    I am paid prior to receiving my report. I do not touch a file until the retainer is paid as well. Unfortunately to many times I have been burned asking for payment 6 months to a year or never getting paid for the rest of work is not optimal. Being taken advantage of in the past has forced my hand. 



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    Jenn Toles MS CRC CLCP CCM
    Guided Life Care Planning Services
    info@guidedlifecare.com
    Lithia, Florida
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  • 12.  RE: Prepayment prior to releasing reports

    Posted 03-14-2025 15:07

    Good discussion!

    I require a retainer at the time my contract is signed before I begin any work. For reports, I send out my invoice and my draft expert witness report with a watermark and no signature. I let them know that when the invoice is paid, I will remove the watermark and sign. I haven't had any issues with payment since starting this process! 



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    Brenda

    Dr. Brenda Eagan-Johnson, CBIST
    Pediatric Brain Injury Education Specialist
    Brain Injury Neurodevelopmental Consulting, LLC
    724-944-7744
    b.eagan.johnson@gmail.com
    www.brendaeaganjohnson.com
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