EXPERT WITNESS ENGAGEMENT AGREEMENT

(“Agreement”)

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
   3.1 Engagement & Scope of Services
   3.2 Performance Standards
   3.3 Compensation & Expenses
   3.4 Deliverables & Deadlines
   3.5 Conditions Precedent
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
   7.1 Indemnification
   7.2 Limitation of Liability
   7.3 Insurance
   7.4 Force Majeure
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

This Expert Witness Engagement Agreement (“Agreement”) is entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:

1. [FULL LEGAL NAME OF RETAINING PARTY], a [STATE] [ENTITY TYPE] with its principal place of business at [ADDRESS] (“Retaining Party”); and
2. [FULL LEGAL NAME OF EXPERT], an individual residing at [ADDRESS] or a [STATE] [ENTITY TYPE] with its principal place of business at [ADDRESS] (“Expert”).

Recitals
A. Retaining Party represents [CLIENT NAME] (the “Client”) in [brief description of underlying dispute or proceeding] (the “Matter”).
B. Expert possesses specialized knowledge, experience, and qualifications relevant to the Matter and desires to provide expert litigation support subject to the terms herein.
C. The parties intend that this Agreement comply with all applicable state and federal rules of evidence and procedure, including Fed. R. Civ. P. 26(a)(2) and Fed. R. Evid. 702.

NOW, THEREFORE, in consideration of the mutual covenants and promises herein, the parties agree as follows:

2. DEFINITIONS

For purposes of this Agreement, the following terms, when capitalized, have the meanings set forth below:

“Applicable Law” means all federal, state, and local statutes, regulations, court rules, and professional standards governing the Expert’s Services, including without limitation Fed. R. Civ. P. 26 and Fed. R. Evid. 702.

“Arbitration” has the meaning set forth in Section 8.2.

“Confidential Information” means any non-public information disclosed by either party in connection with the Matter, including litigation strategy, attorney-client communications, work product, and Expert’s draft reports.

“Expert Services” or “Services” means all consulting, report preparation, deposition, trial testimony, and related tasks provided by Expert in connection with the Matter.

“Fees” means the compensation payable to Expert under Section 3.3.

“Forum” has the meaning set forth in Section 8.1.

“Injunctive Relief” has the limited meaning provided in Section 8.4.

“Report” means any written opinion, declaration, or affidavit prepared by Expert for use in the Matter.

3. OPERATIVE PROVISIONS

3.1 Engagement & Scope of Services

(a) Retaining Party hereby engages Expert to perform the Expert Services described in Exhibit A.
(b) Expert accepts the engagement and agrees to perform the Services diligently, independently, and in compliance with Applicable Law.
[// GUIDANCE: Use Exhibit A to specify topic areas, anticipated opinions, and exclusions.]

3.2 Performance Standards

(a) Expert shall exercise the degree of professional skill and care ordinarily exercised by experts of comparable qualifications.
(b) Expert shall maintain independence and objectivity and shall not be influenced by the outcome of the Matter.
(c) Expert shall timely disclose to Retaining Party any potential conflicts of interest or changes in qualifications.

3.3 Compensation & Expenses

(a) Rates. Expert shall be compensated at the hourly rates set forth in Exhibit B.
(b) Retainer. Retaining Party shall pay a non-refundable retainer of US $[AMOUNT] within five (5) business days of the Effective Date, to be applied against future Fees.
(c) Billing & Payment. Expert shall invoice monthly; undisputed amounts are due within thirty (30) days of invoice date. Interest accrues on overdue amounts at the lesser of 1.0% per month or the maximum rate permitted by law.
(d) Expenses. Retaining Party shall reimburse reasonable out-of-pocket expenses (e.g., travel, lodging) pre-approved in writing.
(e) Taxes. Retaining Party is responsible for any applicable sales, use, or similar taxes, excluding taxes on Expert’s net income.
[// GUIDANCE: Insert local tax gross-up language if required.]

3.4 Deliverables & Deadlines

(a) Initial Report. Expert shall deliver a draft Report by [DATE].
(b) Deposition Availability. Expert shall reserve [NUMBER] days for deposition within [TIMEFRAME] after service of the Report.
(c) Trial Testimony. Expert shall be available to testify at trial during the trial window currently set for [DATE RANGE].

3.5 Conditions Precedent

This Agreement and Expert’s Services are conditioned upon:
(a) Completion of a conflict check satisfactory to Expert;
(b) Timely provision of case materials reasonably requested by Expert; and
(c) Timely payment of the retainer under Section 3.3(b).

4. REPRESENTATIONS & WARRANTIES

4.1 Mutual Representations. Each party represents that it has full power and authority to enter into and perform this Agreement.

4.2 Expert’s Additional Representations. Expert further represents and warrants that:
(a) Expertise & Licensure. Expert possesses the qualifications, licenses, and accreditations stated in Exhibit C and will maintain them during the term.
(b) No Conflicts. To the best of Expert’s knowledge, no conflict of interest exists that would impair Expert’s ability to provide independent testimony.
(c) Work Product Originality. All Reports and testimony will be Expert’s original work, except for properly cited materials.

4.3 Retaining Party’s Additional Representations. Retaining Party represents that:
(a) Authority. It has authority from Client to retain Expert and to bind Client to the payment obligations herein.
(b) Information Accuracy. All information provided to Expert will be, to the best of Retaining Party’s knowledge, accurate and complete.

4.4 Survival. The representations and warranties survive any termination of this Agreement and any completion of the Expert Services.

5. COVENANTS & RESTRICTIONS

5.1 Confidentiality. Prior to disclosure to any third party, Expert shall keep Confidential Information strictly confidential, shall use it solely for the Matter, and shall not disclose draft Reports without Retaining Party’s prior written consent, except as required by law or court order.

5.2 Non-Disparagement. Neither party shall make public statements that disparage the professional competence or integrity of the other in connection with the Services.

5.3 Record Preservation. Expert shall preserve all work papers, notes, and supporting materials for at least five (5) years after final disposition of the Matter, unless otherwise required by court order or Applicable Law.

5.4 Compliance. Each party shall comply with all Applicable Law including data-privacy regulations.

6. DEFAULT & REMEDIES

6.1 Events of Default. The occurrence of any of the following constitutes an “Event of Default”:
(a) Failure to pay any undisputed Fees or expenses within fifteen (15) days after written notice of non-payment;
(b) Material breach of this Agreement that remains uncured ten (10) days after written notice;
(c) A party becomes insolvent or files for bankruptcy.

6.2 Remedies. Upon an Event of Default, the non-defaulting party may:
(a) Suspend performance;
(b) Terminate this Agreement upon written notice;
(c) Recover all amounts due and owing; and
(d) Seek any other remedies available at law or in equity, subject to Section 7 (Risk Allocation).

6.3 Attorneys’ Fees. The prevailing party in any action to enforce this Agreement is entitled to recover reasonable attorneys’ fees and costs.

7. RISK ALLOCATION

7.1 Indemnification (Professional Liability)

(a) Indemnity by Expert. Expert shall indemnify, defend, and hold harmless Retaining Party and Client against losses arising from Expert’s gross negligence, willful misconduct, or knowing violation of Applicable Law in rendering the Services.
(b) Indemnity by Retaining Party. Retaining Party shall indemnify, defend, and hold harmless Expert against claims made by Client or third parties arising out of Expert’s good-faith performance under this Agreement, except to the extent arising from Expert’s conduct described in 7.1(a).

7.2 Limitation of Liability

NOTWITHSTANDING ANYTHING ELSE, THE AGGREGATE LIABILITY OF EITHER PARTY UNDER THIS AGREEMENT SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID OR PAYABLE TO EXPERT (“Liability Cap”). The Liability Cap does not apply to (i) a party’s gross negligence or willful misconduct, (ii) unpaid Fees, or (iii) indemnity obligations under Section 7.1.

7.3 Insurance

Expert shall maintain, at its sole cost, professional liability/errors-and-omissions insurance with limits of not less than US $[AMOUNT] per claim and aggregate, and shall provide certificates of insurance upon request.

7.4 Force Majeure

Neither party is liable for delay or failure to perform caused by acts of God, war, pandemics, governmental orders, or other causes beyond its reasonable control, provided the affected party promptly notifies the other and resumes performance when feasible.

8. DISPUTE RESOLUTION

8.1 Governing Law & Forum Selection

This Agreement and any dispute hereunder shall be governed by the laws of the State of [GOVERNING STATE], without regard to its conflict-of-laws rules. The parties consent to exclusive jurisdiction of the state and federal courts located in [COUNTY], [GOVERNING STATE] (the “Forum”).

8.2 Optional Arbitration

[OPTIONAL – STRIKE OR INITIAL TO INCORPORATE]
If selected by the parties, any dispute arising out of or relating to this Agreement shall be resolved by confidential, binding arbitration administered by [ARBITRATION PROVIDER] in accordance with its commercial arbitration rules, and judgment on the award may be entered in any court of competent jurisdiction.
[// GUIDANCE: Insert institution (e.g., AAA) and seat of arbitration.]

8.3 Optional Jury Trial Waiver

[OPTIONAL – STRIKE OR INITIAL TO INCORPORATE]
EACH PARTY WAIVES ITS RIGHT TO A JURY TRIAL IN ANY ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT.

8.4 Limited Injunctive Relief

Nothing in this Section 8 prohibits either party from seeking temporary or preliminary injunctive relief in the Forum to protect confidentiality obligations under Section 5.1 or to enforce discovery deadlines.

9. GENERAL PROVISIONS

9.1 Amendment & Waiver. Any amendment or waiver must be in a writing signed by both parties. A waiver on one occasion is not a waiver on any other occasion.

9.2 Assignment. Neither party may assign or delegate its rights or obligations without the prior written consent of the other, except to a successor in connection with a merger or sale of substantially all assets.

9.3 Successors & Assigns. This Agreement binds and benefits the parties and their permitted successors and assigns.

9.4 Severability. If any provision is held unenforceable, the remaining provisions shall remain in full force, and the invalid provision shall be reformed to the minimum extent necessary to be enforceable.

9.5 Entire Agreement. This Agreement, including all Exhibits, constitutes the entire agreement between the parties regarding the subject matter and supersedes all prior agreements or understandings.

9.6 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which is deemed an original, all of which constitute one instrument. Signatures delivered via electronic means (e.g., PDF, DocuSign) are binding.

9.7 Interpretation. Headings are for convenience only. No presumption arises against the drafter of this Agreement.

9.8 Notices. All notices shall be in writing and delivered by (i) personal delivery, (ii) certified mail (return receipt requested), or (iii) nationally recognized overnight courier to the addresses listed in the Document Header (or as updated in writing). Notice is deemed given on receipt.

9.9 Independent Contractor. Expert is an independent contractor; nothing herein creates a partnership, joint venture, or employment relationship.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date.

[// GUIDANCE: Attach notarization or witness lines below if required by local practice.]

EXHIBIT A – Scope of Services

[Detailed description of expected testimony topics, documents to review, exclusions, and estimated hours.]

EXHIBIT B – Fee Schedule

• Hourly preparation rate: US $[ ]/hour
• Deposition testimony rate: US $[ ]/hour (4-hour minimum)
• Trial testimony rate: US $[ ]/day (full-day)
• Travel rate: 50% of hourly preparation rate
• Reimbursable expenses: Coach airfare, lodging at [hotel standard], per diem meals at IRS rates, ground transportation, document reproduction at US $[ ]/page.

EXHIBIT C – Expert Qualifications

[Curriculum vitae or summary of credentials and publications.]

[// GUIDANCE:
1. Review state professional regulations governing expert witnesses and modify Sections 7.1–7.2 if mandatory public-policy limitations apply.
2. Confirm retainer trust-account rules in the governing jurisdiction.
3. For federal matters, ensure timely expert disclosures under Fed. R. Civ. P. 26(a)(2) and supplementation under Rule 26(e).]