~ Schedule of Fees for Services ~
J. Marshall Bevil,
Ph.D.
Consultant and Expert Witness in Musically-Related Copyright
and
Intellectual Property Disputes
Telephone
(
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
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
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
immediately bordering thereupon) – U.S. $180.00 / hour or any
portion thereof
(NOTE: additional charges for travel, etc. - see below)
- elsewhere within the
(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
(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
- within
- outside
portion thereof
- elsewhere outside
(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
- within
- outside
portion thereof
- elsewhere outside
(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
: 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
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
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
country.
- outside
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
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
(review definition of
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
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
immediately upon service provider's departure from remote location on the
return
trip to
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
* 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
* 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 ~