Expert Witness Engagement Letter | Bare Bones for New Experts

Recently, a very nice man asked my help with an expert witness engagement letter for his first engagement.  This was for a product liability action.  He hopes to do more in the future.  I agreed.  Since it was his first agreement and he really wanted this first gig, I included helpful terms to which a lawyer should not object.  See below.  In the comments, let me know what you think of this “bare bones” abridged version.  Note that in an appendix of my book, the Forensic Accounting Deskbook, I present a “full-bodied” forensic accounting engagement agreement from one of the leading national forensic accounting firms (Burrage & Johnson in Albuquerque, NW with Tom Burrage and Jerome Johnson).  An important goal of this particular letter below is to keep it simple.

Dear Lawyer:

By signing below, the client (or you as counsel) agrees to engage me as an expert witness in the case described below.  You will let me know the names of all opposing parties, opposing counsel, and key witnesses so that I can perform a conflicts of interest check.  I will disclose any conflicts.

To engage me, you will pay an initial, non-refundable retainer of $1,000.00, deemed earned when paid, and return a signed copy of this letter to me.  This initial retainer will pay for the first 5 hours of work expended on the case.   This is not an estimate of the total fee.  I charge $200.00 per hour, plus reasonable expenses, including travel time and mileage.   If you disclose me as an expert witness without first engaging me, you agree to pay the initial retainer regardless of work performed.  My fees are not contingent upon the outcome of the case.

As the engagement progresses, I will issue invoices for progress billing as incurred.  My invoices will be paid within 14 days of issuance, or I will not continue to provide services.  Additional retainer amounts may be required.

Prior to testifying at deposition or in court, any outstanding balance due must be paid.  Rates for deposition and court appearances are $200 per hour, with a $500.00 minimum for half a day and a $1,000.00 minimum for a full day.  Prior to scheduling deposition and trial appearances, you agree to provide me with no less than 3 weeks’ notice, so as to ensure that I have no prior engagements which would conflict with my appearance.  You also agree to pay either a half-day or full-day minimum in advance, depending on the expected need, in order for me to schedule that day’s events, with any balance due to be paid within 14 days following the deposition or court appearance.

If I am required to initiate collection efforts, the client (or you as counsel) agrees to pay my reasonable attorney’s fees and 1% per month compounded interest on any outstanding balance.  Exclusive jurisdiction and venue for any dispute arising from this engagement is Madison County, Tennessee.

I look forward to working with you.

Very truly yours,

Expert Witness

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Style of case, court, docket #

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Client

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Counsel

Miles Mason, Sr. JD, CPA handles complex divorce matters including business valuations and forensic accounting issues. View his professional biography listing books and articles published on business valuation and forensic accounting and seminars presented to lawyers, judges, business valuation experts, and forensic accountants. Miles Mason, Sr. authored The Forensic Accounting Deskbook: A Practical Guide to Financial Investigation and Analysis for Family Lawyers, published by the American Bar Association. The Miles Mason Family Law Group, PLC’s offices are located in Memphis, Tennessee and serves West Tennessee and Nashville. Contact Us today at (901) 683-1850.