Expert Witness Agreement
is an agreement (“Agreement”) between Inspector's Name (“Consultant”)
and _____________________________ ("Client"). Client
retains Consultant for assistance in the case described below:
Name of case:
Court case filed in:
1.1 Consultant will commence work for a Client upon receipt of a
1.2 Consultant agrees not to work for any other person or party involved
in this case on matters relating to this case for two weeks after he
is verbally retained, and upon acceptance of the retainer set forth
below. Should the two weeks lapse without receipt of a retainer,
Consultant is free to accept work from any other party.
2.1 Consultant agrees to perform consulting and/or expert witness
as requested by Client and in connection with such services agrees to
perform such investigation, document review, studies and research so
as to be able to consult with Client and/or advise Client as an expert
witness with respect to Consultant's findings. Consultant agrees to
verbally report his facts, conclusions and findings to Client and, if
desired by Client, Consultant will prepare a written report and cause
it to be sent or delivered to Client. Consultant also agrees to
assist in trial preparation and to testify as an expert witness in those
areas in which he is qualified.
2.2 The full scope of Consultant's work will be determined as the matter
proceeds, and will be subject to the needs and requests of Client.
and Client agree that Consultant will be performing services to this
Agreement as an Independent Contractor.
3.1 Consultant agrees to retain all non-public information obtained from
Client as confidential and agrees not to release or discuss any of such
information unless Consultant has obtained the prior written consent
of Client or is otherwise forced, compelled, or required to disclose
this information by operation of law or applicable government authority.
4.1 Consultant will
bill the Client by the tenth of an hour with a minimum charge of two
tenths of an hour as follows:
4.1.1 Travel time at ONE HUNDRED dollars ($100.00) per hour.
4.1.2 Testimony at either trial or deposition at TWO HUNDRED dollars
($200) an hour. This rate applies to office or courtroom waiting time
as well as actual time testifying.
4.1.3 All other work including research, report preparation and
calls, ONE HUNDRED FIFTY dollars ($150) per hour.
4.2 When in the local area away from the Consultant's office, time is
billed from the time of departure from Consultant's office until the
time of return.
4.3 Each full day
away from the local area on assignment is billed on the basis of an
eight-hour day. Where more than eight hours work or travel is
performed in one day, the actual time is billed. Day of departure
and day of return are prorated.
4.4 A retainer of $1,000.00 is charged for each case. $_______
of the retainer is a non-refundable minimum fee charged. Billings for
services performed or expenses incurred will be charged against the
retainer until such time as it is exhausted.
4.5 Permission to use Consultant's name or in any way indicate that
he is an expert witness or Consultant for Client's side of the case,
either informally or formally with other parties, is not granted until
the retainer has been paid.
4.6 Notwithstanding the Agreement of Consultant to bill Client at an
hourly rate in one tenth of an hour increments for services performed,
the following minimum fees will be due, whether or not Consultant is
required to spend the amount of time necessary to result in these
fees if time was charged on an hourly basis. The minimum fees and types
of services exclusive of travel to which they apply are as follows:
4.6.1 Attendance at a deposition either to assist client or to testify
as an expert witness - $500.00.
4.6.2 Attendance in court to assist Client, testify as an expert
or while waiting at court for an opportunity to testify or assist Client
in court - $500.00.
4.6.3 The above are minimum billings and if actual time spent results
in an amount due which exceeds these minimums, then the actual amount
will be due.
4.7 Fees and rates, once established for a job, will not be increased
for that job even though fees or rates may increase for new jobs for
a period of one year. Twelve months after being retained, fees may be
raised to those currently charged other Clients at that time but shall
not exceed a 10% increase per year.
5.1 Travel and miscellaneous expenses, including long distance calls,
are charged at cost plus ten percent. Travel by car is at the rate of
fifty cents a mile. No travel expense is charged in the local
will be performed by the most economical means compatible with the
time constraints except that first class air travel accommodations will
be used for all flights of more than four hours duration including
time where connecting flights are required.
may avoid the 10% surcharge on expenses by furnishing travel and lodging
which is billed directly to Client by the carrier or hotel.
will reimburse Consultant for all other reasonable out-of-pocket
but Consultant shall strive to seek Client’s permission before incurring
any expense in excess of $100.00.
6.1 Consultant will tender invoices at the end of each month.
Payment is due within 15 days of the invoice date. Late charges
at the rate of 1.5% per month will be added to bills not paid within
6.2 The payment of all fees and expenses is the responsibility of the
Client notwithstanding Client's relationship with third parties,
arrangements, subrogation, etc. As a convenience, Consultant may
agree to prepare separate billing for an attorney taking Consultant's
discovery deposition, but the responsibility for payment remains that
of the Client. Failure to include a chargeable item in one billing shall
not constitute a waiver of the right to assess the charges in a
6.3 Requests for corrections must be submitted in writing within 15
days after date of billing in question.
7.1 Client may terminate this Agreement upon 15 days written notice
for any reason. Upon termination of Consultant’s services by Client,
Client shall immediately pay all fees and expenses incurred by
7.2 Consultant may terminate this Agreement upon fifteen (15) days
notice if payments are not made within 60 days of the date billing is
mailed. This does not relieve Client in any way from payment for
rendered or expenses incurred.
8.1 The parties agree that the exclusive venue for any action arising
out of this Agreement shall be in _______ County, Your State. In
any such action the parties waive trial by jury.
8.2 Before filing any action against Consultant, Client must first
Consultant with written notice of the nature of Client’s claim and
wait at least thirty days from the date notice was sent.
9. GOVERNING LAW
8.3 In the event that either party is required to retain the services
of an attorney to enforce the provisions of this Agreement, then in
such case the Client agrees to pay reasonable attorney's fees and all
costs and expenses incurred by Consultant including collection costs,
provided that Consultant is the prevailing party in said matter either
by settlement, litigation or otherwise.
9.1 This Agreement
shall be governed by the laws of Your State.
10.1 A determination by a Court that any provision of this
Agreement is invalid shall not invalidate the entire Agreement.
If any such provision is declared unenforceable or invalid due to its
scope or breadth, such provision shall be deemed valid to the extent
of the scope or breadth permitted by law.
12. ENTIRE AGREEMENT
11.1 Should any provision of this Agreement require judicial
the Court Shall not apply a presumption that the term shall be more
strictly construed against one party or the other by reason of the rule
of construction that a document is to be construed more strictly against
the party who prepared the it.
consideration of the willingness of Consultant to enter in this
and in order to induce him to do so, the undersigned person(s) hereby
personally and unconditionally guarantee punctual payment by Client
as required by this Agreement. The undersigned guarantor(s) waives
diligence, demand for payment, extension of time for payment, notice
of acceptance of this guarantee and indulgences and notice of every
kind, and consents to any and all forbearances and extensions of the
time for payment or performance under this agreement and to any and
all changes in the terms of this Agreement. Consultant may enforce
this guarantee without first resorting to or exhausting other remedies
provided by the agreement or the law. Guarantor(s) agrees to pay
all reasonable costs and attorneys’ fees incurred by Consultant in
enforcing this guarantee.
12.1 This Agreement contains all the representations by each party to
the others and expresses the entire understanding between the parties
with respect to the matters at issue. The parties agree that all
prior communications are merged into this Agreement, and that there
are no terms or conditions other than those set forth herein.
No statement or promise of a party shall be binding unless reduced to
writing and signed by that party. No modifications of this Agreement
shall be binding unless they are in writing and signed by all parties.