EXPERT WITNESS FEE AGREEMENT

CONFIDENTIAL

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AGREEMENT INFORMATION

Agreement Date: [__/__/____]
Agreement Number: [________________________________]

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PARTIES

Retaining Party (Client)

Law Firm/Attorney:
Name: [________________________________]
Firm Name: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]
Phone: [________________________________]
Email: [________________________________]
Bar Number: [________________________________]

On Behalf of Client:
Client Name: [________________________________]

Expert Witness

Name: [________________________________]
Credentials/Degrees: [________________________________]
Company/Institution: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]
Phone: [________________________________]
Email: [________________________________]
Tax ID/SSN (last 4): XXX-XX-[____]

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CASE INFORMATION

Case Caption: [________________________________] v. [________________________________]
Case Number: [________________________________]
Court/Jurisdiction: [________________________________]
Expert's Area of Expertise: [________________________________]

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ARTICLE I: PURPOSE AND SCOPE

1.1 Purpose

This Fee Agreement establishes the terms of compensation for expert witness services provided by the Expert in connection with the above-referenced matter.

1.2 Services Covered

This agreement covers compensation for the following services:

☐ Case file review and analysis
☐ Document and evidence review
☐ Research and investigation
☐ Consultation with counsel
☐ Preparation of expert report(s)
☐ Preparation of rebuttal report(s)
☐ Review of opposing expert materials
☐ Deposition preparation
☐ Deposition testimony
☐ Trial preparation
☐ Trial testimony
☐ Post-trial services
☐ Other: [________________________________]

1.3 Independence of Opinions

The Expert acknowledges that compensation under this agreement is for time and services rendered, not for any particular opinion or outcome. The Expert's opinions shall be based solely on their independent professional judgment and analysis of the facts and evidence.

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ARTICLE II: FEE SCHEDULE

2.1 Hourly Rates

The following hourly rates shall apply:

Service Category	Hourly Rate	Minimum
Case Review & Analysis
Initial file review	$[____]	[____] hrs
Document review	$[____]	N/A
Medical/technical record review	$[____]	N/A
Research	$[____]	N/A
Consultation
Telephone consultation	$[____]	[____] hrs
In-person consultation	$[____]	[____] hrs
Video conference	$[____]	[____] hrs
Report Preparation
Expert report drafting	$[____]	N/A
Report revision/editing	$[____]	N/A
Rebuttal report	$[____]	N/A
Testimony
Deposition preparation	$[____]	N/A
Deposition testimony	$[____]	[____] hrs
Trial preparation	$[____]	N/A
Trial testimony	$[____]	[____] hrs/day
Travel
Travel time (local)	$[____]	N/A
Travel time (out of area)	$[____]	N/A
Other Services
Court appearances (non-testimony)	$[____]	[____] hrs
Site inspections	$[____]	[____] hrs
Testing/examination	$[____]	[____] hrs

2.2 Flat Fee Services (if applicable)

☐ The following services shall be charged at a flat fee:

Service	Flat Fee
[________________________________]	$[________________________________]
[________________________________]	$[________________________________]
[________________________________]	$[________________________________]

2.3 Rate Adjustments

☐ Rates are guaranteed for [____] months from the date of this agreement
☐ Rates may be adjusted with [____] days' written notice
☐ Rush assignments (less than [____] business days notice) may be billed at [____]% premium
☐ Weekend/holiday work may be billed at [____]% premium

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ARTICLE III: RETAINER

3.1 Initial Retainer

☐ An initial retainer of $[________________________________] is required before work commences.

3.2 Retainer Type

☐ Refundable Retainer (Trust Account)
- Retainer held in trust and applied against invoiced fees
- Unused portion refunded upon termination
- Periodic accounting provided with each invoice

☐ Non-Refundable Retainer (Earned Upon Receipt)
- Retainer earned upon receipt as consideration for availability
- Applied as credit against first invoice(s)
- Not refundable if engagement is terminated

☐ Evergreen Retainer
- Initial retainer of $[________________________________]
- Replenishment required when balance falls below $[________________________________]
- Replenishment amount: $[________________________________]

3.3 Retainer Application

☐ Retainer applied to final invoice only
☐ Retainer applied to invoices as incurred
☐ Other: [________________________________]

3.4 Retainer Payment

Retainer payment due by: [__/__/____]

Payment method:
☐ Check payable to: [________________________________]
☐ Wire transfer (see wire instructions below)
☐ Credit card (processing fee of [____]% applies)
☐ ACH transfer

Wire Instructions:
Bank Name: [________________________________]
Routing Number: [________________________________]
Account Number: [________________________________]
Account Name: [________________________________]

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ARTICLE IV: BILLING AND INVOICING

4.1 Time Recording

☐ Time recorded in increments of 1/10 hour (6 minutes)
☐ Time recorded in increments of 1/4 hour (15 minutes)
☐ Time recorded in increments of 1/2 hour (30 minutes)
☐ Minimum billing increment: [____] hour(s)

4.2 Invoice Schedule

Invoices will be submitted:

☐ Monthly, on or about the [____] day of each month
☐ Upon completion of each project milestone
☐ Within [____] days of service completion
☐ Prior to scheduled testimony
☐ Other: [________________________________]

4.3 Invoice Contents

Each invoice shall include:

☐ Detailed description of services performed
☐ Date(s) services were performed
☐ Time spent on each task
☐ Applicable hourly rate
☐ Itemized expenses with receipts (if over $[____])
☐ Running total of fees and expenses
☐ Retainer balance (if applicable)
☐ Amount due

4.4 Invoice Delivery

Invoices will be sent to:

Name: [________________________________]
Email: [________________________________]
Address: [________________________________]

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ARTICLE V: PAYMENT TERMS

5.1 Payment Due Date

☐ Payment due upon receipt
☐ Payment due within [____] days of invoice date
☐ Payment due prior to scheduled testimony

5.2 Accepted Payment Methods

☐ Check
☐ Wire transfer
☐ ACH transfer
☐ Credit card (Visa/MC/Amex) - [____]% processing fee applies
☐ Law firm trust account check

5.3 Late Payment

☐ Invoices unpaid after [____] days are subject to late fee of [____]% per month ([____]% annual rate)
☐ Collection costs and reasonable attorney fees may be added to unpaid balances
☐ Expert reserves the right to suspend services if payment is more than [____] days overdue

5.4 Disputed Charges

☐ Disputes must be raised in writing within [____] days of invoice date
☐ Undisputed portions remain due per normal payment terms
☐ Parties agree to negotiate disputed charges in good faith

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ARTICLE VI: EXPENSES AND REIMBURSEMENTS

6.1 Reimbursable Expenses

The following expenses shall be reimbursed at actual cost (unless otherwise specified):

Travel:
☐ Airfare: ☐ Coach / ☐ Business class for flights over [____] hours
☐ Ground transportation (taxi, rideshare, rental car)
☐ Mileage at IRS standard rate (currently $[____]/mile)
☐ Parking and tolls
☐ Hotel accommodations (reasonable rate for location)
☐ Meals: ☐ Actual cost / ☐ Per diem of $[____]/day

Office/Administrative:
☐ Photocopying: $[____]/page
☐ Printing: $[____]/page
☐ Scanning: $[____]/page
☐ Postage and courier services
☐ Long-distance telephone
☐ Research database access
☐ Transcription services

Professional:
☐ Testing equipment/supplies
☐ Laboratory fees
☐ Subcontractor/assistant fees (pre-approved)
☐ Professional reference materials

Other:
☐ [________________________________]: $[____]
☐ [________________________________]: $[____]

6.2 Expense Approval

☐ Individual expenses over $[________________________________] require prior written approval
☐ Travel arrangements require prior approval
☐ Expense reports with receipts required for expenses over $[____]

6.3 Advance Payment

☐ Travel and significant expenses may require advance payment
☐ Advance request must be submitted [____] days before expense is incurred

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ARTICLE VII: CANCELLATION AND RESCHEDULING

7.1 Deposition Cancellation

Notice Period	Charge
More than [____] business days	No charge
[____] to [____] business days	[____]% of minimum
Less than [____] business days	[____]% of minimum
Same day / No show	Full minimum charge

7.2 Trial Cancellation

Notice Period	Charge
More than [____] business days	No charge
[____] to [____] business days	[____] day(s) at trial rate
Less than [____] business days	[____] day(s) at trial rate
Day before or day of	Full reserved time

7.3 Standby/On-Call Time

☐ Standby time during trial: $[____]/hour or $[____]/day
☐ On-call availability: $[____]/day
☐ Reserved trial days: Billed at [____]% of daily rate if cancelled within [____] days

7.4 Continuances

If testimony is continued or postponed:
☐ All preparation time remains billable
☐ Cancellation fees apply per schedule above
☐ Additional preparation time may be billed for rescheduled testimony

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ARTICLE VIII: TESTIMONY TERMS

8.1 Deposition Terms

☐ Minimum charge: [____] hours at deposition rate
☐ Includes reasonable preparation time: ☐ Yes / ☐ No (billed separately)
☐ Portal-to-portal billing: ☐ Yes / ☐ No
☐ Meals and breaks do not suspend billing
☐ Continued depositions: Each session treated as new minimum

8.2 Trial Terms

☐ Minimum charge: [____] hours/day at trial rate
☐ Full day reserved: Minimum [____] hours charged regardless of actual time
☐ Waiting/standby time: Billed at $[____]/hour
☐ Sequestration time: Billed at $[____]/hour
☐ Portal-to-portal billing: ☐ Yes / ☐ No

8.3 Video/Remote Testimony

☐ Remote testimony available: ☐ Yes / ☐ No
☐ Remote testimony rate: $[____]/hour
☐ Technical requirements: [________________________________]

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ARTICLE IX: ADDITIONAL PERSONNEL

9.1 Support Staff

☐ Administrative support: $[____]/hour
☐ Research assistant: $[____]/hour
☐ Technical specialist: $[____]/hour
☐ Other: [________________________________]: $[____]/hour

9.2 Subcontractors

☐ Use of subcontractors requires prior written approval
☐ Subcontractor fees will be billed at cost plus [____]%
☐ Expert remains responsible for subcontractor work quality

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ARTICLE X: TERMINATION

10.1 Termination by Retaining Party

☐ Retaining party may terminate at any time with written notice
☐ All fees for services rendered through termination date are due
☐ Cancellation fees may apply for scheduled testimony

10.2 Termination by Expert

☐ Expert may terminate with [____] days' written notice
☐ Expert may terminate immediately for non-payment
☐ Expert will complete critical pending tasks (e.g., scheduled testimony) unless excused

10.3 Effect of Termination

Upon termination:
☐ Final invoice due within [____] days
☐ Work product delivered upon payment in full
☐ Confidentiality obligations survive termination

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ARTICLE XI: DISCLOSURE REQUIREMENTS

11.1 FRCP 26(a)(2)(B)(vi) Disclosure

The Expert acknowledges that if designated as a testifying expert, the expert report must include "a statement of the compensation to be paid for the study and testimony in the case."

11.2 Compensation Disclosure

The following information may be disclosed:
☐ Hourly rates for various services
☐ Total compensation received in this matter
☐ Retainer amount

The following shall NOT be disclosed absent court order:
☐ Detailed billing records
☐ Internal financial arrangements
☐ Fee arrangements in other matters

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ARTICLE XII: GENERAL PROVISIONS

12.1 Entire Agreement

This Fee Agreement, together with any engagement letter, constitutes the entire agreement regarding compensation.

12.2 Amendments

Amendments must be in writing and signed by both parties.

12.3 Governing Law

This agreement shall be governed by the laws of [________________________________].

12.4 Dispute Resolution

Fee disputes shall be resolved by:
☐ Negotiation in good faith
☐ Mediation in [________________________________]
☐ Binding arbitration under [________________________________] rules
☐ Litigation in the courts of [________________________________]

12.5 Assignment

This agreement may not be assigned without written consent.

12.6 Severability

If any provision is unenforceable, remaining provisions continue in effect.

12.7 No Contingency

Compensation is not contingent on the outcome of the case or the content of opinions rendered. This agreement complies with ethical requirements prohibiting contingent fee arrangements for expert witnesses.

12.8 Tax Responsibility

Expert is responsible for all applicable taxes on compensation received. A Form 1099 will be issued for payments exceeding $600 in a calendar year.

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ARTICLE XIII: ACKNOWLEDGMENTS

By signing below, the parties acknowledge and agree:

Expert Acknowledges:
☐ Compensation is for time and services, not for favorable opinions
☐ Opinions will be independent and objective regardless of compensation
☐ Fee information may be disclosed in reports and testimony as required
☐ Expert is an independent contractor, not an employee

Retaining Party Acknowledges:
☐ Payment obligation exists regardless of case outcome
☐ Retainer and payment terms are understood and accepted
☐ Cancellation fees and minimums are understood and accepted

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SIGNATURES

RETAINING PARTY:

Signature: [________________________________]
Printed Name: [________________________________]
Title: [________________________________]
Firm: [________________________________]
Date: [__/__/____]

EXPERT WITNESS:

Signature: [________________________________]
Printed Name: [________________________________]
Credentials: [________________________________]
Date: [__/__/____]

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EXHIBIT A: FEE SCHEDULE SUMMARY

Service	Rate	Minimum
File Review	$[____]/hr	[____] hrs
Consultation	$[____]/hr	[____] hrs
Report Preparation	$[____]/hr	N/A
Deposition Prep	$[____]/hr	N/A
Deposition Testimony	$[____]/hr	[____] hrs
Trial Prep	$[____]/hr	N/A
Trial Testimony	$[____]/hr	[____] hrs/day
Travel Time	$[____]/hr	N/A

Retainer Required: $[________________________________]
Payment Terms: Net [____] days

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EXHIBIT B: W-9 FORM

☐ W-9 attached
☐ W-9 on file
☐ W-9 to be provided

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SOURCES AND REFERENCES

• Federal Rules of Civil Procedure Rule 26(a)(2)(B)(vi)
• Expert Institute - Expert Witness Fees
• Expert Institute - Expert Witness Retainer Agreements
• Round Table Group - Expert Witness Retainers

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This template is provided for informational purposes only and does not constitute legal advice. Laws and requirements vary by jurisdiction. Consult with a licensed attorney before use.