The following example requires all fees to be paid in advance. Advance payment avoids situations in which the expert has made an assessment, written a report, invoiced the lawyer, but has not received full payment by the due date. Under Rule 26 of the Federal Rules of Civil Procedure, if your expert services are mandated as an expert witness in a federal (and in some states) case, you must provide the opposing counsel with a written report that includes ”all the opinions the witness will express and the basis and reasons for doing so.” Remember to include this requirement and the report to report in your anticipated fee estimates. Be sure to confirm the due date of a report with your client lawyer. It is understood that the opposing counsel will pay my hourly fee for the testimony itself at the time of my dismissal. [As mentioned in Chapter 5, the party or parties responsible for paying an expert for the time spent testifying vary from jurisdiction to jurisdiction.] Any model agreement must, of course, be tailored to the needs of the individual expert, the specific circumstances of the assessment and any laws, jurisdictions and other standards or regulations applicable in the respective jurisdiction. If you are considering becoming an expert, it is important to familiarize yourself with the details of expert engagement agreements. Here`s everything you need to know about the benefits of mandate contracts, best practices for describing terms, and how to start drafting contracts. Look for the standard section of a contract called ”Term and Termination.” The termination clauses specify the situations in which the parties may terminate the contract before the end of the term.
These clauses generally give reasons for termination ”for cause”. This may include the expert not completing a report on time. Another reason could be the lawyer`s failure to replenish the advance or pay the expert for the services rendered. Pay attention to ”for a good cause” that is in the customer`s best interest. A mandate contract is a contract for expert services that determines invoicing on a mandate basis. Its goal is to make payment management transparent to both the lawyer and the expert. In an expert agreement, the parties (you, the expert and your client lawyer) describe the work expectations, results, prices and timing of the agreement. Mandate contracts also specify the duration of the contract, which is called the ”term”. What distinguishes a mandate from other contracts is that the hiring lawyer or organization agrees to pay a certain amount in advance to cover the initial fees and the expert deducts from the lump sum when the services are provided. Advance payment is the ”holdback”. Chapter 5 discusses the different approaches used by experts and lawyers to reach an agreement on fees. This appendix contains an example of a fee agreement.
It is important that the written agreement provides a clear understanding between the lawyer and the expert on how fees are to be calculated and paid. Termination clauses are intended to make the termination of an expert contract as easy as possible. In the rare or unexpected event that your contract is terminated, make sure you are compensated for all work done prior to receiving the notice of termination. The mandate approach also saves administrative effort on the part of the law firm. With a money order contract, there is no need to issue monthly checks for ongoing expert services. This is especially useful for lawyers in small firms and solo practitioners who may not have accounts payable. If the work in the area [city or town where the expert practises] (i.e., the area within 20 miles of [location of the expert`s office]) during that phase (i.e., before I am appointed or disclosed as an expert) exceeds 10 hours, an advance in the amount of [amount equal to 10 times the hourly rate of the skilled person] is due immediately; Each additional hour (beyond the initial 10 hours) will be charged at the rate [professional`s hourly rate] per hour. If you need to travel as an expert at any time, be sure to include the relevant provisions in the contract. In this section, you will specify all travel times, modes of transportation, accommodation, food costs, and related costs. Some lawyers prefer to list incidental costs in a separate section.
Discuss the organization of the contract with your client lawyer. As an expert, there are a number of key sections that you will want to include in your next mandate contract. First, discuss in advance with your client lawyer if your services include advice, report writing, testimony or hearing dates. Often, this range of services informs, so to speak, the work products of experts that need to be rendered. From there, you can divide your work products into ”Service Type” and ”Phases”. These must be consistent with the cadence and timing of the client`s case. Clearly describe this information in the contract. Mandate agreements are a matter of clarity.
They work on behalf of both sides and stand the test of time. A deep mandate agreement is probably the basis for a successful working relationship between an expert and a lawyer. In cases that last for months or years, mandate agreements help the parties avoid confusion about expectations of the work product. Mandate agreements also give parties the flexibility to pay compensation in stages when results are completed. The holdback may be replenished during the engagement. Whenever the advance is exhausted, a subsequent advance is due immediately in the amount of 10 times the clinician`s hourly rate, against which each additional hour is billed at the rate [hourly rate] per hour. Unlike the initial costs of opening, reviewing and consulting the file in the amount of [10 times the expert`s hourly rate], which are non-refundable, the unused portion of this next file [an amount equal to 10 times the expert`s hourly rate] (during this period prior to the appointment or assistance as an expert) will be returned when my services are no longer needed. If, based on the initial review and consultation, you decide to disclose me as an expert in the case, I must receive an additional non-refundable payment of [an amount equal to 10 times the expert`s hourly rate] before being appointed as an expert witness. In general, experts charge at an hourly rate that matches their experience and references.
Inform your client lawyer of your prices and provide an estimate of your fees for the consultation phase. This amount becomes an advance. Use it for your payments as the results are complete at this point. Before using an agreement, the expert witness must always and in all circumstances use the form with his or her own professional liability lawyer (i.e. Do not check with the lawyer hiring the person as an expert to ensure that they fully meet applicable legal, ethical and professional standards, as well as the expert`s needs and approaches. Whenever the advance is exhausted, a subsequent advance (for work in [the city or municipality]) of [an amount equal to 10 times the expert`s hourly rate] is due immediately, on which each additional hour is charged at the rate of [hourly rate] per hour. . . .