Expert Witness Services Agreement

    The scope of the provision of services should be at the heart of the re-enteror and be as specific as possible. The results expected by the expert should be clearly indicated. The question of whether an expert testifies in a statement or trial or is exclusively a consultant must be confirmed in the agreement. In order to ensure that both parties have a clear understanding of the work to be completed, the agreement should contain a summary of the general preparation required, the types of materials to be verified and any applicable deadlines. In federal courts (and in some state jurisdictions), experts are required to provide the opposing party, in accordance with Rule 26 of the Federal Rules of Civil Procedure, with a written report containing "all opinions that the witness will express and the basis and justification thereof." This requirement should be clearly stated in the retainer contract. A potential conflict of interest may exist if the expert has been previously employed by the counterparty or has previously been engaged as an expert. Ideally, an expert should not have ties to the opposite party. However, this may not be possible in some areas of activity or jurisdictions. In determining whether an expert should be disqualified due to a conflict of interest, the majority of courts use a double test - 1) Was it reasonable for the opposing party to believe that there was a confidential relationship with the expert? (2) Was confidential or privileged information disclosed by the counterparty to the expert? With regard to the two-tooth test, a retainer agreement should confirm that the expert has revealed to the lawyer any conflicts. It goes without saying that at the time of my impeachment, the lawyer(s) advers pay my hourly fee for the testimony itself...

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