~ Schedule of Fees for Services ~

J. Marshall Bevil, Ph.D.
Consultant and Expert Witness in Musically-Related Copyright
and Intellectual Property Disputes

7918 Millbrook Drive      Houston, Texas, U.S.A.   77095
Telephone (U.S.) 281 / 859-5965        Cellular (U.S.) 713 / 419-6829

E-MAIL           HOME PAGE             FORENSIC MUSICOLOGY MAIN PAGE


NOTES 


                   1. Service provider, as used on this web page, is defined as J. Marshall Bevil. Client, as used on this web page, is defined as any/all party
                       or parties contracting service provider's work in the capacity of forensic musicologist, including but not limited to individual(s) acting
                       independently, agent(s), plaintiff(s), defendant(s), and/or attorney or attorneys. Work site, as used on this web page, is defined as
                       service provider's home address given in the letterhead, above.

  2. Service provider is a musicologist, not an attorney, and therefore can give no legal advice or make any prediction(s) concerning the
                       legal viability of any claim by any plaintiff, potential plaintiff, defendant, or potential defendant. Any party falling under any of those
                       four classifications is responsible for obtaining qualified legal counsel either at his / her own expense or on a contingency basis.
                       Service provider does not refer persons to legal counsel.

   3. Federal law prohibits service provider from charging, asking, or accepting any percentage of any judgment or settlement either won
                       by a plaintiff or avoided by a defendant. Service provider, therefore, will neither request nor accept any offer(s) of any bonus(es) beyond
                       the enhanced fees for testimony that are stated later on this web page under “Rendering of Expert Testimony.”

   4. All fees and charges, both advance and after-the-fact, must be paid in United States (hereinafter U.S.) dollars. Post-retainer charges are
      due at times of billing. Payment by check will be recorded as received once the check has cleared service provider’s bank.
     
Service provider does not accept credit cards, debit cards, or money orders.          

    5. Billing is done as stipulated on this web page. Service provider does not take any case either for a flat fee or on contingency basis,
        and he does not bill on sliding scales.

    6.  Dishonored checks are subject to a service charge of twenty-five United States Dollars ($25.00). The service charge plus any / all
          other outstanding charges must be paid in full before further work by service provider can proceed.
         
     7. Failure by client to remit outstanding charges within a reasonable period after billing date will result in suspension or
         termination  of services with no refund of previously-paid amounts. Also, once a bill has been prepared and sent to client
        by service  provider, no further work will be done by service provider until said bill is paid in full.


     8.
Fees listed on this page are subject to change after the revision date given below (Provision 10, this section). Changes will take
         effect once the page has been updated, but they will not be retroactive to the date of commencement of work contracted before
         said changes.

     9. Any/all charges for service(s) will be in accordance with amounts listed hereon at the time services are engaged. Party or parties
         considering the contracting of service provider’s assistance are responsible for checking Provision 10, below, and reviewing all
         posted fees, charges, and terms immediately before contracting services. In this connection, attention is called to Provision 9,
         below.

      10. Any extension of in-house credit by service provider (for example, either pro-rating the first twenty minutes of an hour instead
          of billing for the full hour [see below under “Basic Services and Fees”] or waiving those twenty minutes altogether) does not
          obligate service provider to extend such credit on each subsequent, similar occasion.

      11. ENGAGEMENT OF SERVICE PROVIDER’S ASSISTANCE CONSTITUTES FULL ACCEPTANCE BY CLIENT OF
          ALL TERMS OF COMPENSATATION TO SERVICE PROVIDER SET FORTH IN THIS FEE SCHEDULE.
          PLEASE REVIEW IT CAREFULLY, ESPECIALLY STIPULATIONS CONCERNING REQUIRED ADVANCE
          PAYMENT AND COVERAGE
.

     12. This page was last updated on 08.XI.2009.


BASIC  SERVICES  AND  FEES

Retainer - first six (6) hours or any portion thereof:  U.S. $600.00

  NOTES:  1) The full amount of the retainer must be remitted prior to the commencement of any work
                        on any case.  Please note that requested work consuming more than six (6) hours is subject
                        to additional charges (see below).


                   2) Retainer does not include charges for travel, lodging, or other expenses incurred by service
                        provider. It also does not include fees for rendering of depositions or testimony in court,
                        fees for consultation away from service provider's work site, or surcharges for research away
                        from service provider's work site.


                   3) Service provider will inform client when the first six hours covered by the retainer have been
                        spent and will provide client with a preliminary report.
The retainer, which is non-refundable
                        once service provider has commenced work, does not in itself guarantee a report either in the
                        client's favor or to the client's liking, and it does not in itself guarantee successful pursuit
                        and/or conclusion of a case.
It does guarantee a thorough and objective examination of the
                        material at issue, within the specified time-frame; an honest assessment of the situation from
                        a musical, as opposed to a legal, standpoint; professional discretion; and complete confidentiality
                        on the part of service provider. The same applies to any/all other fees paid to service provider after
                        the period covered by the retainer has passed.


                 4) Preparation of a formal written report that necessitates work by service provider beyond
                        the six (6) hours covered by the retainer will be billed at the rates stated below (“Additional
                        Hours of Service,” etc.) and must be paid in full before said formal report is presented
                        or delivered to client.  The same provision applies to the preparation of any / written
                        rebuttal(s) of conclusion(s) presented by expert(s) for the opposing party or parties in any / all
                        legal dispute(s). 


                 5) Client’s claims of either infringement or misappropriation involving either multiple works of
                        client’s, plaintiff’s, or potential plaintiff’s authorship AND/OR multiple works that purportedly
                        represent either infringement or misappropriation of client’s, plaintiff’s, or potential plaintiff’s
                        work(s) or copyright(s) will be treated by service provider as separate claims, will be investigated
                        as such by service provider, and will be subject to separate retainers.


                 6) If service provider concludes, immediately on receipt of client’s material, that he the service
                        provider is not adequately conversant in the musical idiom(s) involved in the case at hand,
                        he the service provider will notify client to that effect and return all of the retainer to the
                        client at once.
               

Additional hours at service provider's work site:  U.S. $165.00 / hour or any portion thereof
            (including but not limited to any / all time spent on the telephone and / or Internet)

Hourly surcharge for research conducted away from service provider's work site:  U.S. $35.00 / hour
         or any portion thereof (added to any / all other applicable charges, including but not
         limited to any / all charges incurred by service provider for the use of research facilities)

Consultation away from service provider's work site (billed in addition to any / all other fees
            and / or expenses EXCEPT additional hourly fee given above, which is replaced by figures
            immediately below) :

                    - within the Houston area (defined as Harris County, Texas, USA, and counties
                            immediately bordering thereupon) – U.S. $180.00 / hour or any portion thereof
                            (NOTE:   additional charges for travel, etc. - see below)

                    - elsewhere within the United States  - U.S. $220.00 / hour or any portion thereof
                            (NOTE:   additional charges for travel, etc. - see below)

                    - outside the U.S. (English-speaking world) -  U.S. $325.00 / hour or any portion thereof
                             (NOTE:   additional charges for travel - see below; also advance, pro-ratable deposit of
                            U.S. $1000.00  required before service provider leaves the U.S.)

                    - elsewhere outside the U.S.  - U.S. $500.00 / hour or any portion thereof
                               (NOTE:   additional charges for travel - see below; also advance, pro-ratable deposit of
                                U.S. $2000.00 required before service provider leaves the U.S.)                                                          

            NOTE: Please note particulars on travel, lodging, out-of-Houston-area time, and
                              other fees and expenses listed below. They are billable in addition
                              to the fees listed immediately above. See also the note below
                              concerning travel to certain countries / regions.

Long distance and / or other telephone usage fees pertaining to case: FULL AMOUNT
                    (excluding regular monthly service charges incurred by service provider)

Faxing (review definition of client, above)

                    - from client's fax machine, with client absorbing any / all telephone
                         line-usage charges: NO CHARGE if done by client or client's employee
                         $2.00 / page if done by service provider or employee or agent of same)

                    -  from service provider's work site: U.S. $1.50 / page, plus long distance charges
                          (excludes faxes sent solely on service provider's initiative)

                    -  from remote location other than client's office, residence, etc.:  U.S. $3.00 / page,
                          plus any / all charges, fees, or other expenses incurred by service
                          provider in connection with sending of case-related fax (es)

Internet and / or other computer-usage fees pertaining to case: FULL AMOUNT
                    (excluding regular monthly and / or quarterly charges incurred by service
                    provider)

Postal charges pertaining to case: FULL AMOUNT

Photocopying expenses pertaining to case: FULL AMOUNT

Courier service fees (including, but not limited to, UPS, FedEx, etc.): FULL AMOUNT


 

RENDERING OF EXPERT TESTIMONY

Please note that the charges listed below are billable IN ADDITION TO travel time, lodging
and/or transportation expenses, out-of-Houston-area time, or other charges associated with
a case and not specifically excluded (see immediately above).  AN ADVANCE PAYMENT
COVERING FIVE (5) HOURS OF TESTIMONY IS REQUIRED. If testimony
consumes less than five (5) hours, the amount of overpayment will be refunded to client. If testimony
exceeds five (5) hours, the outstanding
balance will be billed to client and due immediately.


DEPOSITIONS

                     - within Houston area: U.S. $300.00 / hour or any portion thereof  (U.S. $175.00 / hour for
                                   any / all time spent at deposition site waiting to testify but NOT auditing or
                                   reviewing opposing testimony – see below, “Auditing or Reviewing …”)

                     - elsewhere within U.S.:  U.S. $325.00 / hour or any portion thereof

                     - within Canada: U.S. $400.00 / hour or any portion thereof

                     - outside U.S. / Canada (English-speaking world) : U.S. $450.00 / hour or any
                                portion thereof

                     - elsewhere outside U.S. / Canada: U.S. $500.00 / hour or any portion thereof
                               (NOTE: All verbal communication with service provider must be in standard English.)

 

COURT TESTIMONY 

                    - within Houston area: U.S. $350.00 / hour or any portion thereof  ($200 / hour for any / all
                                time spent in court waiting to testify but NOT auditing or reviewing opposing
                                testimony)

                    - elsewhere within the U.S.:  U.S. $375.00 / hour or any portion thereof

                    - within Canada:  U.S. $450.00 / hour or any portion thereof

                    - outside U.S. / Canada (English-speaking world) : U.S. $500.00 / hour or any
                                portion thereof

                    - elsewhere outside U.S. / Canada: U.S. $600.00 / hour or any portion thereof
                               (NOTE: All verbal communication with service provider must be in standard English.)

AUDITING  OR REVIEWING OF OPPOSING TESTIMONY (Deposition or Trial)

     NOTES: These charges, if applicable, are billable in addition to fees for service provider’s testimony. 
                     If opposing testimony is not in standard English, service provider will only review previously
                            delivered testimony and will be responsible only to the degree that the translation of the testimony
                            is accurate.

- Deposition
        -- after deposition, from either video or transcript:  U.S. $200 / hour or any portion thereof
        -- during deposition:  U.S. $250 / per hour or any portion thereof

- Trial:  U.S. $250 / hour or any portion thereof    
 

TRAVEL

NOTE: The terms remote location and remote area are defined as any location or area outside the Houston area, as defined above.


PLEASE BE ADVISED: SERVICE PROVIDER WILL NOT TRAVEL TO ANY COUNTRY OR AREA
IN CONNECTION WITH WHICH ANY WARNING AND/OR OR PROHIBITION AGAINST TRAVEL BY
UNITED STATES CITIZENS HAS BEEN ISSUED BY THE UNITED STATES GOVERNMENT OR ANY
AGENCY THEREOF. SERVICE PROVIDER WILL NOT TRAVEL TO, FROM, OR THROUGH ANY POINT
IN
THE MIDDLE EAST, AFRICA, THE PHILIPPINES, INDONESIA, OR ANY COUNTRY OR
REGION  WHOSE PREVAILING POLICIES / PRACTICES HE DEEMS INIMICAL TO U.S INTERESTS.


BASIC TRANSPORTATION CHARGES

NOTE: Any / all transportation from and back to the Houston area via licensed carrier must
be fully paid for in advance by client, and any / all ticket(s) and / or other travel pass(es) must
be either in possession of service provider at outset of trip or waiting for claiming by service
provider at point(s) of departure and / or advancement. EXCEPT AS SPECIFICALLY
STIPULATED BELOW, SERVICE PROVIDER WILL NOT ABSORB ANY TRAVEL COSTS ON
PROMISE OF SUBSEQUENT REIMBURSEMENT.

Round-trip transportation by licensed carrier (air, if available) - FULL COST (business-class or
first-class), fully paid by client in advance. Please note additional charges for travel time and out-of-Houston-area
time, below. Air travel is required for one-way distances of one hundred fifty miles or more.

Driving by service provider in his own vehicle (limit: 100-mile radius of service provider's
worksite) -  U.S. $3.50 / mile, both directions. Fifty percent advance deposit, based on estimated distance,
required, with balance billable and immediately due on completion of each portion of trip.

Driving by service provider in rental vehicle - see below ("Automobile Rental")

Round-trip travel via private transportation provided by client (air, ground, water)   U.S. $20.00 / half-hour
or any portion thereof, including any / all stops or layovers. EXCLUSION (no additional charge except for out-of-Houston-area time, if applicable): transportation provided by client within remote location (hotel to office, hotel to
court, etc.). Charges are billable and due immediately at the end of each half of round trip.

Transportation within either Houston area or remote area by public conveyance (taxi, bus, ferry,
air shuttle, etc.) - FULL COST, billable and due immediately, as costs are incurred by service provider.

 

OTHER TRAVEL CHARGES (estimated 50% of charges due in advance, with balance billable at end of trip, except automobile rental, which must be fully covered by client in advance - see below):

Round-trip travel time via licensed carrier (including, but not limited to, any / all time spent traveling
   to / from and / or waiting at public and private conveyance ports, terminals, stations, etc., and / or
   staying in hotels or other places of accommodation due to extended layovers or other travel delays):

                          - within U.S. / Canada: U.S. $50.00 / hour or any portion thereof, not to exceed
                                U.S. $750.00 per 24-hour period, from inception of trip (excluding driving by
                                service provider, travel via private transportation provided by client, or
                               via public conveyance within Houston or remote area - SEE ABOVE).
                                Within U.S. / Canada :  anywhere within airspace or territorial waters of either
                                country. 

                          - outside U.S. / Canada:  U.S. $100.00 / hour or any portion thereof, not to exceed
                                U.S. $1500.00 per 24-hour period (excluding travel via private transportation provided
                                by client, or via public conveyance - SEE ABOVE) . Outside U.S. / Canada  provision
                                becomes effective immediately upon service provider’s leaving U.S. / Canadian airspace
                                or territorial waters and remains in effect until service provider re-enters said airspace or
                                territorial waters.
 

Out of Houston-area time within U.S. (including any / all time spent at  remote location
                    apart from consultation, court, and / or deposition-site time, but excluding
                    any / all separately billable time spent traveling to / from destination) -
                    U.S. $250.00 per day or any portion thereof. Day is defined as a twenty-four hour
                    period commencing immediately upon service provider's leaving the Houston area
                    (review definition of Houston area, above) if traveling by ground or water, or
                    upon his departure from a Houston-area airport if traveling by air. The day
                    count ends immediately upon service provider's arrival back to the Houston
                    area if traveling by ground or water, or at a Houston-area airport if traveling
                    by air.

Out of U.S. time (including any / all time spent at remote location apart from consultation,
                   court, and / or deposition-site time –  U.S. $500.00 / day or any portion thereof.
                   Day is defined as a twenty-four hour period commencing immediately upon service
                    provider's arrival at final destination away from Houston. The day count ends
                    immediately upon service provider's departure from remote location on the return
                    trip to Houston. THERE WILL BE ADDITIONAL CHARGES, AS LISTED ABOVE, FOR
                    TRAVEL BOTH TO AND FROM THE REMOTE DESTINATION.

Automobile rental (full-sized vehicle): FULL AMOUNT, including complete insurance
                    coverage, fuel costs, and any / all maintenance and / or repair costs incurred
                    by service provider in connection with rental and / or use of vehicle.
ADVANCE
                    RESERVATION IN SERVICE PROVIDER'S NAME, FULLY COVERED BY CLIENT,
                    IS REQUIRED.
  Service provider will NOT absorb any car rental or insurance costs on
                    promise of subsequent reimbursement.
Fuel costs must be covered either by prior
                    arrangement by client for direct billing to client by fuel vendor or through a pro-rated
                    advance deposit paid to service provider by client and based on estimated distances
                    to be driven. Client agrees to cover fully any / all maintenance and/or repair charges
                    relating to vehicle rented for service provider if said charges are billable to any party 
                    renting said vehicle during the period of its use by service provider.

Driving by service provider of vehicle other than his own (100-mile / 150 km. limit, total)
NOTE: Charges are in addition to any/all charges for rental, insurance, fuel, maintenance/repair, etc. ,
              any/all of which must be fully covered by client.

                      - within the U.S. / Canada
                            * in cities and towns: U.S. $7.50 / mile or U.S. $5.00 / kilometer, depending on
                                            official unit of measurement in jurisdiction of case
                            * outside cities and towns: U.S. $3.00 / mile or U.S. $2.00 / kilometer, depending
                                            on official unit of measurement in jurisdication of case

                    - outside the U.S. / Canada, English-speaking world
                            * in cities and towns: U.S. $15.00 / mile or U.S. $10.00 / kilometer, depending on
                                            official unit of measurement in jurisdication of case
                            * outside cities and towns: U.S. $6.00 / mile or U.S. $4.00 / kilometer (see
                                            immediately above)

                    - elsewhere outside U.S. / Canada (review note concerning restricted travel, above)
                             * in cities and towns: U.S. $25.00 / mile or U.S. $20.00 / kilometer, depending on
                                            official unit of measurement in jurisdication of case
                             * outside cities / towns U.S. $18.00 / mile or U.S. $12.00 / kilometer (see immediately
                                            above)


 PLEASE NOTE: SERVICE PROVIDER WILL NOT OPERATE A MOTOR VEHICLE IN ANY COUNTRY OR
REGION WHEREIN EITHER LAWS OR LOCAL CUSTOMS MANDATE IMMEDIATE FINANCIAL
COMPENSATION OF INJURED PARTIES BY THE DRIVER JUDGED AT THE SCENE TO BE AT FAULT
IN THE EVENT OF A MOTOR VEHICLE ACCIDENT.


 

FOOD AND LODGING

Food - up to U.S. $80.00 per day, billable daily for entire time service provider is away from his worksite.
    Alternatively, client may give service provider an advance deposit of not less than $160.00, or a two-day
    full food allowance, with food costs for additional days billable once the advance deposit is spent by
    service provider. Any unused advance food allowance will be returned to client, and receipts for all food
    will be submitted with bills from service provider.

Lodging (four-star minimum , with facilities for full Internet access, in local place of lodging) -  FULL AMOUNT.
    Reservations must be booked in advance by client in service provider's name and billed directly to client.
    Service provider will NOT absorb any lodging costs on promise of subsequent reimbursement.

 

MISCELLANEOUS - any / all other expenses incurred by service provider
    in connection with case: FULL AMOUNT. SPECIFICALLY EXCLUDED: entertainment, services,
    or goods not related to case and paid or contracted for by service provider.
Miscellaneous

    expenses will be billed as they are incurred.


                ~ CONTACT INFORMATION ~
                                    (See also letterhead, above.)

Write to service provider:    J. Marshall Bevil                          
                                             7918 Millbrook Drive                        
                                             Houston, Texas, USA                              
                                                             77095                      
Telephone service provider: (U.S.) 281 / 859-5965  (answering machine continuously online)  
 Service provider’s cell telephone: (U.S.) 713 /419-6829 (voicemail available)                       

E-Mail service provider.           Visit service provider's home page.                 Return to forensic musicology main page.


~ END OF DOCUMENT ~