Attorney wants my pics for a case - what do I charge?

Received the following e-mail tonight regarding some crash images I took a few years back at a large offshore powerboat race. Did not realize it at the time but the shots I captured I understand to be the last taken of the two occupants alive. (I did not capture the actual crash - but a burst of pictures leading up to it and the moments following it).

Anyone have any experience with pricing this. I had shared the images with the victims friends following the crash. But an attorney representing the manufacturer can certainly afford to pay!!

I'd check for some professional advice before confirming that you have the photos. And, you might be in a stronger position if you weren't exactly sure whether you can locate them or not. : ) Under some conditions, they could probably just subpoena them, leaving you with nothing.

It sounds wrong to use this as a money-making opportunity but you don't want to walk away from any cash on the table either.

I'd advise that you edit your post and make it a bit more generic. It's already findable through Google and you probably don't want the attorney reading your comments!

You should be aware that if your pictures are entered in evidence, it's possible you will have to come to court and testify that they are authentic: that they were taken on the day in question, they weren't photoshopped, etc.

That said, I'm not sure why the photos would be overly valuable. It seems they are more just a visual rather than actual evidence (this reduces the likelihood of them subpoenaed). I'd ask the attorney to make an offer and accept if if it seems reasonable. Try and get some provision to be compensated if you have to testify (like double lost wages for your time in court + any prep).

Am I missing something? The lawyer said...

You said....

Justaddwata wrote in post #14402700
I did not capture the actual crash.

Unless you have an image of the boat hitting a log or some other event prior to the crash, but which contributed/caused the crash, it doesn't sound like you have what the lawyer is looking for - images of the actual crash.

However, if you do have some images that are of use to them I understand the fees can be quite high. Especially in the case of a corporate client. Can't offer any examples of fees but I seem to recall some earlier threads on the subject, which you may be able to find if you search back through the forums.

I appreciate the feedback.
As mentioned - I believe no images of the actual crash exist and was advised by friends of the victim that my shots were the last captures. Now I reread the letter you may be right that what I have is less than what he is after.
I will call the attorney tomorrow and see what he is after and what he has to offer.
Thanks again!!

But what you have may be exactly what they're after. You say you have a burst of images of the boat just before the crash, maybe they want to examine them to see if they can see any abnormalities with it, maybe something in the water, the conditions of the water etc.

" I am having difficulty finding any good pictures of the actual crash"

The price just went up.

I'm just wondering...how did the attorney get your email address and know you had taken pictures? Unless you freely gave out such information to the family of the boaters or various others at the scene, this sounds like it could be somehow a bit fishy.

bratkinson wrote in post #14409029
I'm just wondering...how did the attorney get your email address and know you had taken pictures? Unless you freely gave out such information to the family of the boaters or various others at the scene, this sounds like it could be somehow a bit fishy.

His practice and numbers given are all listed on attorney sites and provided multiple means to contact him - nothing fishy there.

I am well tuned to scammers etc - The fact that he contacted me and address he contacted me via seems feasible. Friends of the victims had contacted me 4 years ago after the accident through people I know at the race. I also have pics from the race posted on my picture site so the event and incident could also have come up via a search.

Luckily I have all 3700 shots from the day online (not all visible) and backed up.

I called the attorney today but was unable to talk with him. Will try again tomorrow and keep you posted.

Thanks again for the feedback!

Funny, I am going through the same thing however I was subpoenaed to supply images. Charging for this depends on state rules and sometimes even county rules. In my case, I am allowed to charge a reasonable fee for this. I was being requested to supply photos for an entire event I shot, over 800. I had to de-archive these and gather them up. It took a couple of hours of my time and with that, I issued an invoice to the attorney requesting the images. He responded back saying he thought the price I quoted was high and I responded back with an itemized list of my charges. It has been over 3 weeks since I have heard from him so not sure where it is going to go. The quote I sent was very generous and more than reasonable yet this attorney balked at it. I told him to check around with other event photographers and see what they charge. Maybe that is why I haven't heard back. Not trying to get rich but I do want my time covered.

I think it is comical that lawyers can charge up to $1 a page for photocopies and that is deemed reasonable yet when it comes time for them to pay up, all of a sudden it is not.

My advice, get everything in writing and dont offer more than what is being asked for.

cory1848 wrote in post #14410082
I was being requested to supply photos for an entire event I shot, over 800. I had to de-archive these and gather them up. It took a couple of hours of my time and with that, I issued an invoice to the attorney requesting the images.

OP, do this. Itemize an invoice. Update it if/when things like depositions, authentication issues, or other in-court testimony comes up.

"Reasonable" should be your guidepost for pricing, all factors considered.

joe

Some good advice.

I just spoke with the attorney - sounded very reasonable. Asked me to name my price. Will need around 30 shots and is having an expert review them for different technical aspects. I will put my offer in writing and see where it ends up.

He said it would be likely depositions could be done over the phone and it would be likely only his expert would be needed to testify. But I like the updated invoice approach Joe!

Thanks again guys!!

Just to keep things in perspective, most expert witnesses charge hundreds of dollars per hour (even while traveling or waiting to testify) and most won't get started without a several thousand dollar retainer.

Camping last week, I met a guy who's an accident scene photographer for the Highway Patrol. He said that a lot of his court time is spent responding to inquiries as to whether his digital images were "processed" or PhotoShopped and whether they accurately portray the scene. If the trial is important, and if your photos are a significant factor, it's possible that you will be required to testify. Personally, I'd rather charge something closer to expert witness rates than merely be compensated for time missed from work.

If it were me I would not send photos that were "altered" in any way not even cropped or lightroom, only straight out of the camera.

Rstanford wrote in post #14412052
If it were me I would not send photos that were "altered" in any way not even cropped or lightroom, only straight out of the camera.

But the kicker is that there is no such thing as an unprocessed digital image. The closest you can come is to use the most conventional picture style available and use in-camera processing to produce jpgs.

The Highway Patrol guy I was talking to says that sometimes his first step is to take a bunch of shots with a Polaroid camera, just to show what the scene "really" looked like. (Although we all know that it's possible to create a misleading image just through the use of composition, perspective, and lighting.)