The Personal Liability of an Attorney for Expert Witness Fees in California: Understanding Contract Principles and Agency Theory

This Article examines California law in order to determine who has the responsibility to pay an expert witness' fee when an attorney retains such an expert. It discusses contract law and agency law as the paramount basis under which an attorney may be personally liable for such fees. It also analyzes the California civil code provision that covers an agent's liability to a third party. The authors conclude that an attorney should generally be liable for expert witness fees under California law.