Please find attached a sample retainer agreement for your convenience. Expert Institute recommends establishing a similar document to function as a work-for-hire contract.
RETAINER AGREEMENT FOR PROFESSIONAL EXPERT ANALYSIS AND TESTIMONY
Regarding:
Plaintiff vs. Defendant
Made by and between:
Consultant’s Name
and
Law Firm XXX
This AGREEMENT, dated the 26th of February, 2021, incorporating the following:
1.0 General Scope of Services: Services may include, but are not limited to, the following: a visit to and examination of the site of the case; photography at the site; review of related documents; telephone consultations; meetings; research; analysis; preparation of written draft preliminary and final reports; assistance in formulating discovery inquiries; preparation of exhibits and demonstrative evidence; testimony at trials, arbitrations, mediations and depositions; assistance during the testimony of others.
2.0 Compensation: Compensation to CONSULTANT will be as follows:
2.1 Preparatory Work: For time spent preparing for the case, including site visit(s), document review, research, analysis, report preparation, trial preparation and travel time: $$$ per hour.
2.2 Testimony: For time spent in deposition, testifying, awaiting testimony, assisting in the testimony of others, and for travel to and from the testimony location: $$$ per hour.
2.3 Reimbursable Expenses: Extraordinary expenses and out-of-pocket costs related to the case, such as travel, photography, printing and trial exhibits, shall be reimbursable at cost. Business Class or First Class air travel, lodging approved by CONSULTANT, and Full-sized automobile rental is required when CONSULTANT, or his associates, requires such conveniences.
2.4 Billing: All consulting work will be compensated via a prepaid, replenishable, and refundable retainer, the amount of which will be determined in accordance with the expected scope of the consulting engagement. All fees will be billed against retainers received; unused funds will be returned to the client upon conclusion of the engagement.
4.0 Balance Due: All outstanding fees and reimbursements shall be paid in full prior to the release of final reports to Law Firm XXX and prior to testimony. Fees and reimbursements are not available for retrospective negotiation and cannot be linked to the outcome of a case or settlement.
5.0 Fees Paid by Third Parties: Law Firm XXX is responsible for the payment of all fees. If a Third Party, such as an insurance carrier, is designated to pay fees directly to CONSULTANT, the Third Party shall be identified by name, address, and telephone number. Law Firm XXX shall instruct the Third Party to identify the name of the case for which compensation is being made, when payment is made.
6.0 Increase in hourly rates: Two months advance notice of any increase will be provided.
7.0 Referral or Assignment: If Law Firm XXX refers or assigns the subject case to another attorney, firm, or responsible entity, Written Notice shall be provided to CONSULTANT. All outstanding Fees and Reimbursements shall be made at the time of the Notice. If Law Firm XXX retains a direct participating interest in the case, this Agreement will remain in effect.
8.0 Representation: Law Firm XXX’s Signee of this Agreement represents that s/he is representing Law Firm XXX and its obligations under this Agreement.
9.0 Termination: This Agreement may be terminated by either party upon notice, and such termination shall relieve each party of any assumed or implied obligations other than payment of any balance due. Written Notice of the Termination or resolution of the subject case, shall be made by the terminating party to the other. All outstanding fees and reimbursements shall be made at Termination without delay.
9.0 Agreed by the Parties Below: on the date set forth above, accompanied by a retainer fee of $$$
Signature of the Expert Signature of Retaining Counsel
___________________________ x
EXPERT NAME
EXPERT ADDRESS
EXPERT PHONE NUMBER
EXPERT EMAIL ADDRESS
_______________________________x
ATTORNEY NAME
LAW FIRM XXX
LAW FIRM ADDRESS
ATTORNEY PHONE NUMBER
ATTORNEY EMAIL ADDRESS