ISBA Ethics Opinions on Witnesses | Illinois State Bar Association

Opinion 87-05 | Fees and Expenses | Witnesses
Compensation and reimbursement of witnesses

An attorney may acquiesce in the reimbursement of expenses incurred by a witness or the payment of reasonable compensation to a witness for time lost.
Opinion 86-03 | Fees and Expenses | Witnesses
Payment of expert witness contingent on outcome

It is professionally improper for an attorney to hire, or to recommend or acquiesce in his client hiring, an agency to provide an expert witness where the agency's compensation is contingent upon the outcome of the matter.

ISBA Advisory Opinions on Professional Conduct are prepared as an educational service to members of the ISBA. While the opinions express the ISBA interpretation of the Illinois Rules of Professional Conduct and other relevant materials in response to a specific hypothesized fact situation, they do not have the weight of law and should not be relied upon as a substitute for individual legal advice. For more information, call the ISBA Legal Department at (217) 525-1760 or (800) 252-8908.

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