Retainer agreements are a matter of clarity. They work for both parties and insist on the test of time. A comprehensive conservation agreement is probably the basis for a successful working relationship between an expert and a lawyer. In cases that last for months or years, conservation agreements help parties avoid confusion about product expectations. The retainer agreements also give the parties the flexibility to compensate the parties in the phases in which the benefits have been completed. Conservation can be replenished during the engagement. This model of agreement appears in the book MMPI, MMPI-2 – MMPI-A in Court: A Practical Guide for Expert Witnesses and Attorneys, 2nd edition, by Ken Pope, Jim Butcher and Joyce Seelen, edited by the American Psychological Association. The American Psychological Association owns the copyright. This material is presented here for personal, individual use; For any other use of copyright, contact the American Psychological Association`s Office of Rights and Permissions.
Since such information is recognizable by existing legislation, it is important to maintain confidentiality where possible. The retention agreement should stipulate that all communications between the expert and the lawyer are confidential and should not be disclosed by the expert at any time during or after the case has been processed. Similarly, the agreement should stipulate that the expert will return all documents containing confidential information or a protected lawyer`s product as soon as the dispute is closed. For the first phase – which is usually consultation – indicate the problems, the subject, the results and the rates you have decided for this phase of the case. Your lawyer may ask you to check the records, establish timelines and advise you on business matters. You can also invite yourself to participate in conference calls, meetings, independent research or fact-based audits. Determine how much time you have for each exercise and establish your conservation agreement accordingly. It goes without saying that the opposing lawyer pays my hourly fees for the deposit itself at the time of the dismissal. [As mentioned in Chapter 5, the party or parties that, for the payment of an expert for the time spent on filing, varies from jurisdiction to jurisdiction.] Under Rule 26 of the Federal Code of Civil Procedures, if your expert services are employed for a federal case (and in some states), you, as an expert, must provide a written report to an opposing board that „contains all the opinions expressed by the witness, as well as the basis and reasons.“ Don`t forget to include this requirement and the report that is included in your conservation cost estimates.