Consulting Agreement with Possible Expert Witness

Consulting Agreement with Possible Expert Witness

Agreement made on the between of referred to herein as Consultant, and of referred to herein as Client, with regard to pending in of as Cause No. .

For and in consideration of the mutual covenants contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. Retention

A. Consultant will be available to commence work for Client upon receipt of a retainer specified in Paragraph 4-D below.

B. 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, or upon acceptance of the retainer set forth below. Should the two weeks lapse without receipt of the retainer and signed Consulting Agreement, Consultant is free to accept work from any other party.

2. Services to be Performed

A. Consultant agrees to perform consulting and/or expert witness services 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.

B. 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. Consultant and Client agree that Consultant will be performing services to this Agreement as an Independent Contractor.

C. Upon request, Consultant will provide an estimate of the time and costs it will take to perform the work outlined by the Client. If it becomes apparent to Consultant that he will need to exceed the estimates provided to complete his work, he will provide Client with a revised estimate and shall proceed only after being granted permission by Client.

3. Confidentiality

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 consent of Client or is otherwise forced, compelled, or required to disclose this information by operation of law or applicable government authority.

4. Compensation

A. Fees shall be billed to the Client by the tenth of an hour with a minimum charge of .2 of an hour as follows:

1. Travel time at $ per hour;

2. Testimony at either trial or deposition at $ per hour. This rate applies to office or courtroom waiting time as well as actual time testifying.

3. All other work including research, report preparation and telephone calls, at $ per hour.

B. 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.

C. 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.

D. A non-reimbursable retainer of $ is charged for each case. Billings for services performed or expenses incurred will be charged against the retainer until such time as it is exhausted. Consultant reserves the right to require advances for anticipated work and expenses.

E. 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 formally or informally with other parties, is not granted until the retainer has been paid and the executed Consulting Agreement received.

F. 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 minimum 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:

1. Attendance at a deposition either to assist client or to testify as an expert witness - $.

2. Attendance at court to assist Client, testify as an expert witness, or while waiting at court for an opportunity to testify or assist Client in court - $.

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.

G. Fees and rates, once established for a job, will not be increased for that job for a period of one year even though fees or rates may increase for new jobs. 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. Expenses

A. Travel and miscellaneous expenses, including long distance calls, are charged at cost plus ten percent. Travel by car is at the rate of cents a mile. No mileage expense is charged in the local area.

B. Travel will be performed by the most economical means compatible with the Client's time constraints except that first class air travel accommodations may be used for all flights of more than hours duration including cumulative time where connecting flights are required.

C. Client may avoid the 10% surcharge on expenses by furnishing travel and lodging which is billed directly to Client by the carrier or hotel.

6. Billings

A. Invoices will be tendered after the end of each month. A detailed breakdown is furnished itemizing each charge for the month. Billings from the previous month not paid will be noted as, Previous Balance. Payment made out to is due days after the invoice date. Late charges at the rate of % per month will be added to bills not paid within 30 days.

B. The payment of all fees and expenses is the responsibility of the Client notwithstanding Client's relationship with third parties, contingency 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 subsequent billing.

C. Questions concerning specific billings are welcomed and requests for corrections must be submitted within days after date of billing in question.

7. Termination

A. This Agreement may be terminated by Client upon (number) days written notice for any reason. Upon termination of Consultants services by Client, Client shall immediately pay all fees and expenses incurred by Consultant, subject to receipt of an updated billing.

B. Consultant may terminate this Agreement upon (number) days written notice if payments are not made within (number) days of the date billing is mailed. This does not relieve Client in any way from payment for services rendered or expenses incurred.

8. Severability

The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision.

9. No Waiver

The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.

10. Governing Law

This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of .

11. Notices

Unless provided herein to the contrary, any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement.

12. Attorney’s Fees

In the event that any lawsuit is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney fees.

13. Mandatory Arbitration

Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.

14. Entire Agreement

This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement.

15. Modification of Agreement

Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party.

16. Assignment of Rights

The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party.

17. Counterparts

This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument.

18. Compliance with Laws

In performing under this Agreement, all applicable governmental laws, regulations, orders, and other rules of duly-constituted authority will be followed and complied with in all respects by both parties.

19. In this Agreement, any reference to a party includes that party's heirs, executors, administrators, successors and assigns, singular includes plural and masculine includes feminine.

WITNESS our signatures as of the day and date first above stated.