EXPERT WITNESS AGREEMENT
This agreement is entered into between William Harmening, the consultant, and ____________, the client-attorney.
The purpose of this agreement is to procure the services of the consultant in relation to the case of __________ (“the deceased”) in a case yet to be filed in the state of _______. Harmening shall provide services for the client-attorney as an independent professional. Payment to Harmening is not dependent upon the findings which Harmening renders, nor on the outcome of any legal action, mediation, arbitration, or the amount or terms of any settlement of the underlying legal cause, nor on any contractual arrangement between the client-attorney and any other person or party.
FEES: The fees for services provided by the expert witness are as follows:
CONSULTANT FEES: Except as outlined herein, ________ shall compensate Harmening at the rate of $150.00 per hour for all tasks performed under this agreement, including but not limited to analysis, calculations, conclusions, preparation of reports, and necessary travel time.
Fees will be billed by the tenth of an hour, with a minimum charge for any discrete task of two tenths of an hour. For testimony at deposition or trial, _________ shall compensate Harmening at the rate of $200.00 per hour, to be billed in hourly increments. This rate for testimony shall apply both while Harmening is waiting to give testimony, whether at an office or court, and for time taken for breaks or meals, as well as for time spent actually giving testimony.
GRAPHIC DESIGN and EXHIBIT PREPARATION: _________ shall compensate Harmening for time spent preparing graphics or exhibits at the rate of $100.00 per hour, unless such work is outsourced. If such work is outsourced, then _________ shall reimburse Harmening for the actual cost of the services, however, the fee for outsourced services shall not exceed the rate of $100.00 per hour without the approval of _______. No trial exhibits or graphics will be prepared and billed for without the prior approval of ________.
EXPENSES: Expenses incurred by Harmening shall be reimbursed by ________ as follows:
Travel by Car: 54 cents per mile;
Travel by Air or Train: The actual cost of the round-trip ticket.
Expenses associated with photography, reproduction of documents and photographs, preparation of exhibits, storage of materials or evidence, and other reasonable expenditures shall be reimbursed at market rates.
Lodging: For any travel of more than 120 miles from Harmening’s office, Harmening shall be reimbursed for the cost of meals and lodging.
QUALIFICATIONS: _______ has had the opportunity to investigate and verify Harmening’s credentials, and agrees that Harmening is qualified to perform the services described in this contract.
TERMS OF ENGAGEMENT: _________ is responsible for payments to Harmening as outlined in this contract, regardless of any arrangement ________ has with any party or parties he represents. Harmening will issue bills on a monthly basis, or whatever other interval he and ________ agree to. Bills are due on receipt, and shall be considered delinquent if unpaid more than thirty days after their date of issuance. Interest shall accrue to any delinquent balance at the maximum rate permitted by law, not to exceed 1.5 per cent per month. In the event that a bill remains unpaid for sixty or more days after the date of issuance, Harmening shall have the unrestricted right to resign from performing additional services for ________ on any and all cases that Harmening is working on for ________ firm.
CHOICE OF LAW and JURISDICTION: This agreement shall be interpreted under the laws of the State of _______. Any litigation under this agreement shall be resolved in the trial courts of ________ County, State of ________.
I accept the terms of this agreement:
William Harmening, Expert
Fees & Expenses
My fees are outlined in the following sample contract...