ARBITRATION AGGRAVATION

[Karen Goldstein]

I recently took an arbitration that was a huge pain in the butt because it was very contentious, they were all over the place -- two attorneys and an arbitrator and a witness all talking over each other -- and they were nasty to me.

However, I got A LOT of pages.

Does anyone have any advice on a page rate? Normally, for straight Q and A, nothing fancy, I charge $3.50.

I gotta get more than that, don't I?

[Marge Teilhaber (TILE hobber)]

Arbitration rates are always higher. Add a dollar to the page rate that the attorney is being billed and calculate your percentage of that higher number. There should be one copy sale. Double the attendance.

[Karen Goldstein]

Thanks, Marge, for responding. I'm feeling a little dense. I don't know what the attorney is being billed. I only know what I usually bill the agency I'm working for. I don't work on a percentage basis, at least I don't think I do. Thanks, again.

[Marge Teilhaber (TILE hobber)]

We all work on a percentage basis. If anyone is working on a "flat rate," that figure is arrived at by figuring what percentage do we bill and what percentage do we want to keep. You should know what the prevailing rate for deps is. Take what you earn and figure about what percentage that is. Then add $1 to the dep rate and calcualte that percentage on the higher number for your page rate for an arb. And don't let the other attorney not order a copy.

It is reasonable for us to make more on an arb because of the (1) extensive colloquy and (2) no possibility (usually) of more than one copy sale.

[Karen Goldstein]

I see what you're saying.

So, can I assume that if I'm billing $-----, the agency is billing $-----and I'm getting 50 percent?

According to this formula I would add $1.00 to $-----which would make it $---- percent of ---- is $---, plus one copy sale, plus double the two appearance fees for AM and PM.

Does that sound right?

Thanks again,
Karen

[Marge Teilhaber (TILE hobber)]

Karen,

I am sure you're making more than 50% and I'm sure the agency is billing less than $7/page for deps. You need to start asking around, your CR friends, maybe if your're friendly with a secretary at a law firm (that is tricky so be careful with that). Your best bet is to talk to CRs in your area. You really have no idea what the page rate is? You should know this. Many agencies try to keep this a secret. If you were selling carpets for a manufacturer, you would know how much your customer (the carpet store) was paying the manufacturer for the goods you've sold them and you'd figure your commission on that. We need to have this info, too.
Start asking around.

And yes, your percentage of the higher arbitration number and double both appearances. I have one appearance from 9-6 with an hourly before or after, so for me I just double the one appearance.
Marge

[Karen Goldstein]

Thanks, Marge. I appreciate the advice.

Karen

[Karen Goldstein]

Thanks, Veronica. I do get my rates up front. I had never done an arbitration before this one, so I never think to negotiate that at the outset. I always negotiate straight Q&A, expert testimony and med mal, bust fees, minimums and appearance fees. Also after 5:00 PM rates. I'm not sure I'd ever want to do an arbitration again, although I got about 300 pages.

[Kelli Combs (admin)]

Can't put rates on an open forum.  That's a no-no.  Sorry, but had to delete a few places where the numbers are.

[anita t. shemin]

Where was the job taken? An additional page rate is always charged for arbitrations. I don't know how long you have been reporting, but over the years one develops a style in which you can hopefully try to bring order to the proceedings. There are some jobs which are truly unreportable, but I would say, what they really don't teach you in school, is that although you are somewhat of a passive participant in the proceedings, you must play an active role in creating order out of chaos. It is not fair to yourself not to learn to speak up appropriately when things get completely out of hand.

[Karen Goldstein]

Hi, Anita. I've been reporting for five years and I'm not shy.I started out speaking up but was quickly put in my place. I decided after that to wing it and let the chips fall where they may.

[Paula A. Pyburn, CSR, RPR, CLR]

Hi Karen,

I almost always charge more for arbitrations. In addition to the page rate you should be charging a per diem, which helps to compensate you for some of the extra work that arbitrations can be.

------ per page and a $300 all day per diem is average in LA.

When taking multiple day arbitrations it's a good idea to talk about the page rate, per diem, etc., before taking the job. : )

[Karen Goldstein]

Thanks, for the advice Paula. I wound up charging _____/pg and $120 per diem.