Safety Trained Supervisor in Construction (STSC) Practice Exam

If an attorney contacts a Safety Trained Supervisor for a percentage of profits as an expert witness, what should the STS do?

1. Accept the offer immediately

2. Counter offer for a flat fee schedule

3. Request a larger percentage of profits

4. Decline the offer without negotiation

The correct answer is: Counter offer for a flat fee schedule

When an attorney contacts a Safety Trained Supervisor offering a percentage of profits for their expert witness services, the most prudent course of action is to counter with a flat fee schedule. This approach serves several critical purposes. First, a flat fee can provide clarity and predictability in terms of compensation. It allows the STS to establish a clear value for their time and expertise without the ambiguity that can arise from percentages of profits, which are often uncertain and subject to fluctuating factors beyond their control. By suggesting a flat fee, the STS can also ensure that they are fairly compensated for their work, regardless of the outcome of the case or the profitability of the attorney's practices. Furthermore, negotiating a flat fee can strengthen the professional relationship with the attorney. It demonstrates professionalism and a commitment to transparency, enhancing the likelihood of future collaborations. This option also reflects a common practice within the industry, where fees for expert witnesses are typically calculated on a flat-rate basis, taking into account the complexity of the case and the time required for preparation and testimony. In contrast, accepting the offer immediately may lead to underselling their expertise, while requesting a larger percentage or declining without negotiation lacks an opportunity for establishing a more favorable arrangement. Each of these alternatives does not capitalize on