Expert Witness Retention Agreement Template

This Expert Witness Retention Agreement ("Agreement") is made on [Date] between [Law Firm/Client Name] ("Client") and [Expert Name/Company] ("Expert").

1. Scope of Engagement

• Expert engaged to provide consultation, analysis, and testimony regarding [Subject Matter] in connection with [Case Name/Number].
• Services include document review, site inspections, testing, expert report preparation, deposition, and trial testimony as requested.

2. Compensation

• Hourly rates:
• Consultation/review: $[Rate]/hour
• Deposition/testimony: $[Rate]/hour (minimum [Number] hours)
• Travel time: $[Rate]/hour
• Retainer fee: $[Amount] due upon execution, credited against final invoice.
• Reimbursement of reasonable expenses (travel, lodging, testing materials) with receipts.

3. Billing and Payment

• Expert will provide detailed invoices monthly; payment due within [Number] days.
• Late payments subject to interest at [Rate]% per month.
• Client responsible for costs of subpoenas, exhibit preparation, and third-party services.

4. Confidentiality and Work Product

• Expert agrees to maintain confidentiality of all information received.
• Materials prepared by Expert treated as attorney work product to fullest extent permitted by law.
• Expert shall not disclose engagement without Client consent, except as required by law or court order.

5. Conflicts of Interest

• Expert confirms absence of conflicts and agrees to notify Client immediately if any arise.
• Expert will not accept engagements adverse to Client in the same or related matters without written consent.

6. Cooperation and Scheduling

• Expert will make reasonable efforts to meet deadlines and attend depositions/trial as scheduled with sufficient notice.
• Client will provide timely access to case materials, scheduling information, and support.

7. Independent Contractor Status

• Expert is an independent contractor, responsible for taxes, insurance, and licensing.

8. Termination

• Either party may terminate with [Number] days’ written notice.
• Client remains responsible for fees and expenses incurred to date.
• Expert shall return confidential materials upon termination, subject to recordkeeping obligations.

9. Testimony and Ethical Obligations

• Expert shall provide opinions based on professional expertise and independent judgment.
• No guarantee of outcome; Client understands Expert’s duty to provide truthful testimony.

10. Governing Law and Dispute Resolution

• Agreement governed by laws of [State].
• Disputes resolved through [mediation/arbitration/court] in [Venue].

11. Entire Agreement

• Represents entire understanding; amendments must be in writing signed by both parties.

Signatures

Client: ____ Date: __

Expert: ____ Date: __

Attach Exhibit A detailing case background and document list.