UTBMS Code L340 — Expert Discovery
Preparation of expert reports, preparation for expert depositions, and review and analysis of opposing expert materials. This covers the discovery-phase expert work that follows initial expert retention under L130.
schedule When This Code Is Used
When expert reports are being drafted and finalized, when attorneys are preparing experts for deposition testimony, when reviewing and analyzing the opposing party's expert reports, and when preparing Daubert or Frye challenges.
warning Common Billing Violations
Billing attorney time for drafting expert reports when the expert should be writing their own opinions with attorney guidance
Excessive hours for reviewing opposing expert reports that are straightforward or within standard industry practice
Over-preparing experts for depositions beyond what the complexity of the testimony warrants
Conflating L340 hours with L130 (early expert consultation) to obscure total expert management costs
timer Typical Hours
Expert report coordination: 15-40 hours per expert. Expert deposition prep: 10-25 hours. Opposing expert analysis: 10-30 hours.
flag Red Flags to Watch For
Attorney hours for expert report preparation exceeding the expert's own hours on the report
Multiple attorneys billing for the same expert preparation session
L340 hours continuing well after expert discovery deadlines have passed
Excessive hours analyzing a routine opposing expert report in a well-established field
check_circle Best Practices for Review
Require that expert reports reflect the expert's independent opinions, not attorney-drafted testimony
Set per-expert budgets for report preparation, deposition prep, and opposing expert analysis
Limit the number of attorneys who may bill for expert deposition preparation sessions
Track total expert costs (L130 + L340 + E104) together for a complete picture
link Related Codes
analytics Key Statistics
Expert discovery costs average $75,000-$200,000 per expert in complex commercial litigation, including attorney and expert fees
Source: BTI Consulting Group, 2024
Daubert challenges succeed in excluding expert testimony approximately 45% of the time at the federal level
Source: Federal Judicial Center Empirical Research, 2023
Frequently Asked Questions
What does UTBMS code L340 cover for expert discovery? expand_more
UTBMS code L340 covers expert discovery activities including preparation and review of expert reports, preparation for and attendance at expert depositions, and Daubert or reliability challenges. It applies to the discovery phase of expert witness involvement.
How do you manage expert discovery costs under L340? expand_more
Set budgets for expert report preparation and deposition attendance separately. Require advance approval for expert deposition travel. Monitor attorney hours against the expert's own hours to ensure proportionality, and challenge excessive preparation time for standard expert depositions.
What is the difference between L130 and L340 for expert costs? expand_more
L130 covers early-stage expert identification and retention during the investigation phase. L340 covers expert-related discovery work including report preparation, expert depositions, and challenges to opposing experts. Attorney time should transition from L130 to L340 when formal discovery begins.