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Why Retainer Agreements Are Important
A retainer agreement guarantees that the expert witness will receive a minimum payment even if their full services aren’t ultimately required.
By specifying the services and preparation required in the agreement, the expert can set clear expectations and keep the option to withdraw from the case if the attorney breaks the agreement.
What’s Included in a Retainer Agreement
Scope of Services
The agreement must specify the expert’s services and whether they will be required to testify in court or are only needed for report-writing or consultation. It will also need to include any preparation, materials, research, and report writing that the witness is required to complete.
Fees and Expenses
The expert’s rates for work in-court and out-of-court must be included in the contract. The expert may also require that certain expenses be covered, such as research, travel, and mailing costs.
Confidentiality Clause
It is important that the agreement includes a confidentiality clause stating that communications between the attorney and expert are confidential and all case materials will be returned after the trial is finished.
Termination Terms
A termination clause helps to ensure that the attorney and expert can end the agreement without serious conflict.
Sample
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EXPERT WITNESS RETAINER AGREEMENT
This Retainer Agreement (“Agreement”) is by and between [SERVICE PROVIDER’S NAME], hereafter referred to as the “Service Provider,” and [CLIENT’S NAME], hereafter referred to as the “Client.”
1. SERVICES. The Service Provider agrees to provide the following services to the Client: [DESCRIBE SERVICES] (“Services”).
2. COMPENSATION. In consideration for the Services to be provided, the Client agrees to pay the Service Provider $[AMOUNT] per hour.
3. RETAINER. As an advance on future Services to be provided, the Client is required to pay the Service Provider a retainer in the amount of $[AMOUNT] every ☐ week ☐ month ☐ quarter, beginning on [DATE] (“Retainer”). The Retainer is: (check one)
☐ – Refundable.
☐ – Non-refundable.
4. NON-DISCLOSURE. The Service Provider agrees not to disclose or misuse the Client’s proprietary or confidential information without prior written consent, except as needed to perform the Services, recognizing that such actions would cause irreparable harm to the Client.
5. EXPENSES. The Client shall only be responsible for the following expenses: [LIST EXPENSES TO BE PAID BY CLIENT].
6. INDEPENDENT CONTRACTOR STATUS. The Service Provider is an independent contractor, and neither the Service Provider nor their employees or contract personnel are or shall be deemed the Client’s employees.
7. TERMINATION. Either party may terminate this Contract upon [#] days’ written notice.
IN WITNESS WHEREOF, the parties have executed this Agreement on [MM/DD/YYYY].
Service Provider’s Signature: ____________________
[SERVICE PROVIDER PRINTED NAME]
Client’s Signature: ____________________
[CLIENT PRINTED NAME]