Litigation Support Services - Expert Witness Terms

EXPERT WITNESS SERVICES AGREEMENT 

THIS IS A BINDING CONTRACT. PLEASE READ CAREFULLY.

This Expert Witness Service Agreement (“Agreement”) sets forth the terms and conditions regarding any consulting or expert witness engagement to be performed by [Expert Name], (“Expert”) including all work performed in connection with matters referred by ExpertConnect Litigation Support, LLC (“Company”). In connection with such engagements, Company shall introduce Expert to attorneys, entities or other parties who have engaged Company’s expert witness search, placement, and support services (“Client” or “Clients” as the case may be). For purposes of clarity, this Agreement is between Expert and Company who are the only parties hereto.

1. By accepting an invitation to participate in an initial screening interview by a Client of Company, Expert agrees that any initial introduction to an attorney or law firm for a potential expert witness engagement obligates Expert to conduct all initial screening interviews through Company and any subsequent expert witness work must be conducted through Company for matters first introduced by Company. If a law firm or attorney attempts to contact Expert outside of Company prior to all parties signing an expert witness engagement or placement agreement, Expert agrees to direct the attorney or law firm to contact Company first and Expert agrees to cease communication until directed by Company. With respect to the initial screening interview, Expert agrees to have an initial screening call or video conference with a Company Client at no cost. Should a Company Client require more than an initial screening call prior to hiring Expert, Company and Expert may agree to require payment for additional screening call(s) by Client. Expert shall communicate such payment requests to Company only prior to doing any follow up screening interview calls and not Client. Company and Expert will mutually agree on how to proceed with any additional screening calls. After an Expert is engaged by a Client of Company, then Expert agrees to perform services including, but not limited to, review materials, research topics, communicate with Client, write reports and provide testimony services all as instructed and authorized by Client. Expert shall not perform such services unless instructed and authorized by Client.
2. Expert further agrees that:
   1. Expert shall conduct themselves in a professional manner and respond to Client requests and communications in a timely manner.
   2. Expert shall keep track of time spent on each task requested and authorized by Client and submit invoices using Company’s online invoice submission system (“EC Billing System”). Expert shall enter time spent (counted in hours) on each service rendered to the nearest quarter hour. Expert shall only use EC Billing System for all Expert invoices.
   3. Expert shall submit all travel and other reasonable out of pocket expenses to Company for reimbursement through the EC Billing System.
   4. All invoices shall be submitted through the EC Billing System within thirty (30) days of rendering an authorized service. For the avoidance of doubt, Expert shall not submit any invoice to a Client directly nor make any type of payment request directly to a Client. Submitting an invoice directly to a Client may impact Company’s ability to pay Expert for such directly submitted invoice. Company shall be the only party submitting invoices or making requests for payment to Client for services or work performed by Expert or to be performed by Expert.
   5. Upon Client's request, with reasonable notice, Expert shall give testimony in support of his/her unbiased opinion.
   6. Expert shall not disclose any Client information to any third party without the prior written consent of Client. Expert shall not attempt to refer any Client matter learned of through Company to any third party nor attempt to remove any such matter away from being billed through the Company.
3. After Company receives payment from Client, Company shall remit payment to Expert for authorized services for which Expert has submitted an invoice through the EC Billing System within 5 business days of Client’s payment clearing Company’s bank account. Company will notify Expert in writing if Client account is 60 days past due. After notification, Company reserves the right to withhold any additional payments to Expert until Client pays the account in full if Expert in its sole discretion continues to work after receiving notification of Client’s unpaid invoices. Expert may cease work until Company notifies Expert that payment has been received. Company shall not be responsible for paying any invoice on behalf of Client until such Client has paid Company.
4. Expert will be paid his/her agreed to Hourly Rate for all services requested, authorized, and paid by Client. Expert should not discuss or disclose hourly rates with Client. Company negotiates and establishes hourly rates charged to the Client. Expert shall not agree to a cap or place a limit on hours without first notifying Company in writing that Client seeks to establish a cap on hours. Any budget or cap on fees that Expert agrees to with Client shall be based upon the hourly rate quoted by Company to Client. Company shall be entitled to receive its prorata share of any budgeted or total project cost cap agreed to between Expert and Client.
   1. To the extent that Expert has a separate hourly rate for Testimony work versus non-Testimony work Expert shall provide Company and Client those different rates prior to accepting any engagement. Failure to notify Company in writing of a different hourly rate for Testimony work at the time of registration with the Company may preclude Company from being able to pay the higher Testimony rate.
5. Any future work with a Client introduced by Company shall be processed through Company if it is directly related to the matter for which Expert was initially retained or stems directly from the introduction made by Company.
6. If contacted by a Client for testimony or any other additional services for the matter in which Expert was initially retained through Company, Expert agrees to contact Company and submit any invoices for such services through EC Billing System per the procedure set out in clause 2 above. Keep in mind that significant time may elapse (months or years) between contacts by Client given the nature of litigation.
7. If Expert holds a professional license that is relevant or necessary to undertake an engagement, Expert represents and warrants that Expert’s professional licenses (if applicable) are current and valid, and will remain so. Expert further represents and warrants that Expert has reported and will report any pending or completed disciplinary action by any licensing, certifying or regulatory body within 30 days of becoming aware of such action.
8. Expert represents and warrants that neither it nor its Subcontractors is the subject of any sanctions administered or enforced by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”), the United Nations Security Council (“UNSC”), the European Union (“EU”), His Majesty’s Treasury (“HMT”), or other relevant sanctions authority (collectively, “Sanctions”), nor is the Expert or its Subcontractors located, organized or resident in a country or territory that is the subject of Sanctions. Expert represents and warrants that neither it has not violated, and during the Term covenants not to violate or cause Company to be in violation of, any Sanctions.
9. By executing this agreement, Expert agrees and acknowledges that he/she is not obligated to accept any expert witness engagement offered by Company. However, once Expert accepts an engagement and agrees to serve as an expert witness, Company and Client are relying on Expert to complete the engagement until (a) the matter is settled out of court, (b) the matter reaches a disposition in court, or (c) Expert has a good faith reason to discontinue participation in the matter, due to circumstances including but not limited to illness, change in professional affiliation, family emergency, significant disagreement or conflict of interest with attorney, etc. If Expert is unable or unwilling to continue on a case that Expert previously accepted and participated in, this could result in Client incurring significant damages including additional expense to obtain an alternate expert, if the court even allows an alternate expert to be named. If Expert decides, without a good faith reason, not to continue on a case for which he/she was previously paid to provide expert work, Company shall be entitled to recover all monies paid to Expert in connection with such engagement as liquidated damages.
10. Expert is an independent contractor and not an employee or agent of Company.
11. Expert agrees to hold Company harmless from any and all claims, demands, liabilities, costs, expenses, damages and causes of action related to or resulting from Expert's acts or omissions relating in any way to this Agreement.
12. Either party may terminate the Agreement by giving the other party fifteen (15) days written notice. Expert shall be responsible for completing all pending assignments including testimony. Following termination of this Agreement, the following paragraphs shall survive termination 5, 11, 13 and 16.
13. Expert will hold in strict confidence and will protect all attorney work product, proprietary and confidential information and trade secrets of the Client which he/she may acquire in connection with the services performed under this Agreement.
14. Expert hereby represents and warrants that there is absolutely nothing in Expert’s background, civil, criminal or otherwise that would affect or impeach Expert’s ability to serve as an expert witness in litigation.
15. Expert may be required to enter into a separate expert witness engagement agreement with a Client. Expert may enter into such agreement but any such agreement cannot circumvent obligations imposed on the Expert in paragraphs 2(b), (c), (d), 3, 4, 5, 6 or 10 above.
16. The laws of the District of Columbia shall govern this Agreement. Any dispute, controversy or claim, whether in tort, contract or otherwise, that arises from or relates to this Agreement, including whether the claims asserted are arbitrable, shall be exclusively and finally determined by a single-arbiter arbitration under the rules of the American Arbitration Association (the "AAA") in effect from time to time. The enforceability of this arbitration agreement shall be governed by the U.S. Federal Arbitration Act. The venue for all arbitrations shall be Washington, DC. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. The prevailing party in the arbitration proceeding shall be entitled to collect an award for the payment of attorneys' fees and expenses as a part of any award. Arbitrations arising from the same or related claims may be consolidated in one arbitral proceeding.

Version Date: January 23, 2024
End of Expert Witness Services Agreement