For the first phase, usually on a consultation basis, indicate the issues, area of expertise, results and rates you have accepted for this phase of the case. Your client lawyer may ask you to review the files, create timelines and advise them on matters related to the case. They may also ask you to attend conference calls, meetings, independent research, or fact-checking. Determine the expected duration of each fiscal year and create your mandate contract accordingly. Mandate contracts benefit experts by saving them time and effort that they would otherwise have to invest in invoicing. Experts also avoid waiting for payment every time some of the work is completed. 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. Although an expert may choose not to charge for an occasional photocopy, with a large number of documents, it is appropriate to pass on the fee to the client. Similarly, an expert who chooses not to charge a fee for an occasional letter should not hesitate to charge a fee for shipping larger packages, express delivery, or international shipments. 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. 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.
In addition to the agreement template listed below, some related resources on this website include: Again, an estimate of the fees and costs for the testimonial and testimonial phase(s) will help you and your client lawyer determine the amounts of the advance. 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. 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 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. 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.] In the event of any dispute arising out of the terms of this Agreement, the prevailing party will reimburse its reasonable attorneys` fees. 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. This agreement is between the name of the expert, the consultant, and Linda Avocate, the client`s lawyer. The purpose of this agreement is to obtain the services of the consultant in the case of a mandate contract, like all contracts, should specify in detail when the mission begins and ends. It seems obvious, but make sure the end dates in the term clause match the due date of your last delivery or service. Look for the standard section of a contract called „Term and Termination.” Termination clauses establish situations in which the parties may terminate the contract before the end of the term. .