Legal Services - Expert Witness Terms
EXPERT WITNESS SERVICES AGREEMENT
THIS IS A BINDING CONTRACT. PLEASE READ CAREFULLY.
This Expert Witness Service Agreement (“Agreement”) sets forth the terms and conditions regarding any consulting or expert witness engagement to be performed by [Expert Name], (“Expert”) including all work performed in connection with matters referred by ExpertConnect, LLC (“Company”). In connection with such engagements, Company shall introduce Expert to attorneys, entities or other parties who have engaged Company’s expert witness search and referral services (“Clients”). For purposes of clarity, this Agreement is between Expert and Company who are the only parties hereto.
- By accepting an engagement from Company, Expert agrees to perform services including, but not limited to, review materials, research topics, communicate with Client, write reports and provide testimony services all as instructed and authorized by Client. Expert shall not perform such services unless instructed and authorized by Client.
Expert further agrees that:
- Expert shall conduct themselves in a professional manner and respond to Client requests and communications in a timely manner.
- Expert shall keep track of time spent on each task requested and authorized by Client and submit invoices using Company’s online invoice submission system (“EC Billing System”). Expert shall enter time spent (counted in hours) on each service rendered to the nearest quarter hour.
- Expert shall be reimbursed for travel and other reasonable out-of-pocket expenses. Expert shall submit such expenses to Company for reimbursement through the EC Billing System.
- Expert shall not disclose the rate that Expert charges Company to law firm or attorney without the prior written consent from the Company. All rate Expert rate discussions shall be referred to Company for quotation.
- All invoices shall be submitted through the EC Billing System within thirty (30) days of rendering an authorized service. Expert shall not submit any invoice or bill directly to Client.
- Upon Client's request, with reasonable notice, Expert shall give testimony in support of his/her unbiased opinion.
- Company shall remit payment to Expert for authorized services for which Expert has submitted an invoice through the EC Billing System within 3 business days of the Company’s receipt of payment from its Client for such submitted invoices. Company will notify Expert in writing if Client account is 90 days past due. After notification, Company reserves the right to withhold any additional payments to Expert until Client pays the account in full. Expert may cease work until Company notifies Expert that payment has been received. In the event that Expert continues to work in their sole discretion, Expert shall not be paid by Company until all invoices past 90 days are paid in full.
Expert shall be paid his/her agreed to Hourly Rate for all services requested and authorized by Client.
- To the extent that Expert has a separate hourly rate for Testimony work versus non-Testimony work Expert shall provide Company and Client those different rates prior to accepting any engagement.
- Any future work with a Client introduced by Company shall be processed through Company if it is directly related to the matter for which Expert was initially retained or stems directly from the introduction made by Company.
- If contacted by a Client for testimony or any other additional services for the matter in which Expert was initially retained through Company, Expert agrees to contact Company and submit any invoices for such services through EC Billing System per the procedure set out in clause 2 above. Keep in mind that significant time may elapse (months or years) between contacts by Client given the nature of litigation.
- If Expert holds a professional license that is relevant or necessary to undertake an engagement, Expert represents and warrants that Expert’s professional licenses (if applicable) are current and valid, and will remain so. Expert further represents and warrants that Expert has reported and will report any pending or completed disciplinary action by any licensing, certifying or regulatory body within 30 days of becoming aware of such action.
- By executing this agreement, Expert agrees and acknowledges that he/she is not obligated to accept any expert witness engagement offered by Company. However, once Expert accepts an engagement and agrees to serve as an expert witness, Company and Client are relying on Expert to complete the engagement until (a) the matter is settled out of court, (b) the matter reaches a disposition in court, or (c) Expert has a good faith reason to discontinue participation in the matter, due to circumstances including but not limited to illness, change in professional affiliation, family emergency, significant disagreement or conflict of interest with attorney, etc. If Expert is unable or unwilling to continue on a case that Expert previously accepted and participated in, this could result in Client incurring significant damages including additional expense to obtain an alternate expert, if the court even allows an alternate expert to be named. If Expert decides, without a good faith reason, not to continue on a case for which he/she was previously paid to provide expert work, Company shall be entitled to recover all monies paid to Expert in connection with such engagement as liquidated damages.
- Expert is an independent contractor and not an employee or agent of Company.
- Expert agrees to hold Company harmless from any and all claims, demands, liabilities, costs, expenses, damages and causes of action related to or resulting from Expert's acts or omissions relating in any way to this Agreement.
- Either party may terminate the Agreement by giving the other party fifteen (15) days written notice. Expert shall be responsible for completing all pending assignments including testimony.
- Expert will hold in strict confidence and will protect all proprietary and confidential information and trade secrets of the Client which he/she may acquire in connection with the services performed under this Agreement.
- Expert hereby represents and warrants that there is absolutely nothing in Expert’s background, civil, criminal or otherwise that would affect or impeach Expert’s ability to serve as an expert witness in litigation.
- Expert may be required to enter into a separate expert witness engagement agreement with a Client. Expert may enter into such agreement but any such agreement cannot circumvent obligations imposed on the Expert in paragraphs 2(b), (c), (d), 3, 4, 5, 6 or 10 above.
- The laws of the State of New York shall govern this Agreement. Any action arising out of this agreement shall only be commenced and maintained in the courts of New York, New York.
Version Date: February 12, 2018
End of Expert Witness Services Agreement