![]() ![]() One reason I prefer that the expert contract only with the law firm is to perpetuate the appearance if not the reality that the expert is unbiased, not an advocate of one of the litigants, even though he will probably have personal contact with the litigant while working for their attorney. There is an example of this in The Expert Witness Marketing Book, page number 59. Some experts require that the contract be signed by both the law firm and the litigant the law firm represents. This protects the Expert from clients of the law firm who may be unable to pay and also allows the placing of contractual duties on the Law Firm” (see paragraph number six of the contract). Questions:ġ) Should I sign an engagement letter such as the one I described or insist that it be with the legal firm?Ģ) Does adding the sentence regarding the need for up front payment for all work cover my concerns?ģ) Is this a standard practice that I just haven’t come across before?ġ) The Explanatory notes for the newly released Expert Witness Retention Contract says in point number two, “The contract is with the Law Firm, not the law firm’s client. Also added a sentence that says – if I go beyond the time needed and covered by the retainer, I will need an additional retainer before proceeding. However, I just sent them my engagement letter which I wrote between my company and the firm and told them I do not normally do engagement agreements with the insurance company as I consider the legal firm my client. Then states that the law firm is not expressly or impliedly (love that word) responsible for any of my fees, costs, etc….unless otherwise agreed to in writing…. ![]() ![]() It has a new twist – basically says that by accepting the engagement, I acknowledge that the insurance company is retaining me and is the entity responsible for the fees. I have a question for you: A new legal firm just sent an engagement letter. I have also referred a couple of other folks who are starting out to you and your web site. I find them fun to read and very informative. Hi, Meredith and Rosalie, thank you for the monthly updates. I think you might find her questions and Rosalie’s response of interest. « Back to Newsletters & Reports Expert Witness Question on Being RetainedĪn expert sent us the following email about engagement agreements. ![]()
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