North Dakota Sample Letter for Retainer for Expert Witness

State:
Multi-State
Control #:
US-0867LTR
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample letter in Word format covering the subject matter of the title of the form.

[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Expert Witness's Name] [Expert Witness's Address] [City, State, ZIP] Subject: Retainer Agreement for Expert Witness Services Dear [Expert Witness's Name], I hope this letter finds you in good health. I am writing to formally request your expert witness services for a case in [court name], in the state of North Dakota. After careful consideration of your credentials and expertise in [field of expertise], I believe that your assistance will be crucial in achieving a favorable outcome for our client. This retainer agreement outlines the terms and conditions of our engagement with you as an expert witness. Please review it carefully and feel free to raise any concerns or propose modifications that you deem necessary. Our goal is to ensure a mutually beneficial and transparent working relationship throughout the proceeding. 1. Case Overview: — Defendant's Name— - Plaintiff's Name: - Case Number: — Date of Incident: 2. Expert Witness Fee: In consideration of your services, we propose an initial retainer fee of [dollar amount] to compensate you for the time and efforts dedicated to this case. The retainer fee shall cover a minimum of [estimated number of hours] hours of work. 3. Hourly Billing Rate: Your hourly billing rate is set at [dollar amount]. Any time spent beyond the initially estimated number of hours, as outlined in section 2, shall be billed at this rate. We will keep detailed records of your time spent on the case. 4. Retainer Refund Policy: If the case is settled or resolved before utilizing the full retainer, any remaining balance will be refunded to our client within [number of days] days of case resolution. 5. Expert Witness Expenses: Reasonable and necessary expenses incurred during the performance of your duties as an expert witness will be reimbursed by our firm. These expenses may include travel costs, accommodation, transportation, research materials, document production, and any other expenses directly related to the case. We kindly request that you seek prior approval for any extraordinary expenses. 6. Confidentiality: As an expert witness, you are expected to maintain strict confidentiality regarding the case, client, and any privileged information you come across during the engagement. This duty continues even after the case's resolution or your retention as an expert witness has concluded. 7. Termination: Either party may terminate this agreement upon written notice to the other party. In the event of termination, any fees earned up to the termination date shall be paid within [number of days] days. Please review the enclosed sample retainer agreement, which contains all the terms and conditions discussed above. If you accept these terms, kindly sign and return one copy of the agreement within [number of days] days to begin the engagement. If you have any questions or require further clarification, please do not hesitate to contact me at [your phone number] or [your email address]. We look forward to partnering with you on this case and believe that your expertise will be invaluable. Thank you for your time. We anticipate your positive response and a successful collaboration. Sincerely, [Your Name] [Your Title] [Law Firm Name]

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Retainer fees are based on demand and experience and can range widely. $2000 to $3000 is a standard starting rate. Rates for chart review and report preparations average $300- $400 per hour. Average rates for deposition and testifying at trial are slightly higher at $400 to $500 per hour.

The expert witness retainer agreement is a contract between the attorney that is retaining the expert and the expert witness. The well drafted expert witness contract should of course cover issues such as the rate of compensation, when payment is due, retainer amount, and expenses.

Rule 702 ? Testimony By Expert Witnesses the testimony is based on sufficient facts or data. the testimony is the product of reliable principles and methods. the expert has reliably applied the principles and methods to the facts of the case.

Get It All in Writing The amount you're to receive each month. The date you're to be paid by. Any invoicing procedures you're expected to follow. Exactly how much work and what type of work you expect to do. When your client needs to let you know about the month's work by.

Average rates After compiling expert witness fee data from more than 35,000 cases, we discovered that the average rate for initial case reviews for all expert witnesses is $356/hour, the average rate for deposition appearances is $448/hour, and the average rate for trial testimony is $478/hour.

As such, a retainer agreement is a formal document outlining the relationship between an attorney and a client. It details the different obligations and expectations involved, which can include ethical work principles, retainer fees, modes of communication, and professional ground rules.

A lawyer may charge a $500 retainer fee. If the lawyer charges $100 an hour, the retainer covers all services up to the five-hour limit. The lawyer then bills the client for the cost of any additional hours they invest on behalf of the client.

Ing to SEAK's 2021 Survey of Expert Witness Fees: The median hourly fee for testifying in court for all experts responding is $500/hour. 66% of experts responding require retaining counsel to sign a retention agreement. 57% of experts responding raised their rates in the last five years.

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North Dakota Sample Letter for Retainer for Expert Witness