Engaging with Employment Attorney, Merry Campbell
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Contracts decide more than pay. They decide credibility, leverage, and whether your independence will stand up under scrutiny. We sit down with attorney Merry Campbell, Chair of Employment and Labor Law and Corporate Investigations at Shulman Rogers, to unpack how expert witnesses can safely operate as independent contractors without triggering misclassification, payment delays, or discovery landmines. From the default presumption of W‑2 employment to the maze of federal and state tests, Merry explains why “1099” is a claim you have to earn and document.
We walk through the realities that make an independent contractor model viable for experts: freedom to accept or reject engagements, control over rates and scope, and the ability to serve multiple clients. Then we translate those realities into contract language that holds up. You’ll hear concrete guidance on defining compensable work, setting invoicing cadence, structuring milestones for termination, and avoiding any clause that ties payment to case outcomes. Merry Campbell shares pragmatic strategies for getting paid when intermediaries sit between you and the end client, how to request periodic status updates without creating forgettable obligations, and the exact red flags that opposing counsel will use to attack your neutrality.
If you want your practice to run like a business, and your contract to prove it, this conversation will sharpen your approach to classification, negotiation, and payment.