EXPERT WITNESS RETENTION CONTRACT PDF TRIAL

An expert may be compensated a flat rate or on an hourly basis. Expert Fees and ExpensesĪ breakdown of the expert’s rate of compensation is a necessary term to include in any retainer agreement. By scheduling and outlining the specifics of an expert’s work, both the expert and the attorney will have a clearer understanding of when certain tasks will be accomplished. Depending upon the particular field of expertise, an expert’s preparation may include reviewing voluminous documents, conducting experiments, or analyzing scientific methodologies. In some instances, it may be beneficial to schedule a general timeframe for when certain work needs to be completed. In federal courts (and certain state jurisdictions), experts are required to provide a written report to the opposing party pursuant to Rule 26 of the Federal Rules of Civil Procedure, which contains “all opinions the witness will express and the basis and reasons for them.” This requirement should be clearly stated in the retainer agreement. To ensure that both parties have a clear understanding of the work to be completed, the agreement should include a summary of the general preparation required, the types of materials that need to be reviewed, and any applicable deadlines.

EXPERT WITNESS RETENTION CONTRACT PDF TRIAL

Whether an expert will testify at a deposition or trial or will be used solely as a consultant needs to be confirmed in the agreement. The services that are expected to be performed by the expert should be clearly stated. The scope of services provision should be the crux of the retainer, and should be as specific as possible. Scope of Services Performed: Be Specific! It may be tempting to utilize a basic retainer template that broadly addresses the terms, but putting some time and thought into a retainer agreement at the inception can mitigate any future surprises or issues between the parties. However, it is important to keep in mind the unique nature of each expert-attorney relationship, and draft each retainer agreement accordingly. Like any contract, an expert witness retainer agreement should address all the important terms in a comprehensive and clear manner, preferably divided into separate, easy-to-read sections. When an attorney retains the services of an expert, both parties should confirm the terms of their engagement in writing to avoid any misunderstandings or unforeseen circumstances down the road of litigation.

Expert witness retention contract pdf