3. How would you respond to this client?

An expert was retained at $500 per hour and estimated that the cost of his work would be $2,000. He was told to advise the attorney on the file if his bill would be more. The expert sent an invoice for $20,000 for his work with no prior notification that it would be more than $2,000. The attorney anticipated that the expert may go over budget to 10 hours, but had no idea that he would go over so much. The expert is scheduled to be deposed in a week and is threatening to not testify if his bill is not paid in advance.

"I'm not even sure where to begin with my commentary. I got busy on the file and while the $20,000 is far more than what I expected, the opinions you requested were far broader in scope and you knew I was spending more than 4 hours time. Also, you say that I was to send written notice but that is not something I had time to do with the deadlines the attorney put on me. This has to all be paid or I will not be traveling to my deposition, and I need you to advance the cost of my deposition in light of this, which is an additional $2,000."