IN CONSIDERATION of the mutual covenants contained herein, {firmName} hereby agrees to the following:
1. RETENTION: Consultant will commence work for {firmName} upon receipt of a retainer. Consultant agrees not to work for any other person or party involved in this case on matters relating to this case for two weeks after he is verbally retained, and upon acceptance of the retainer set forth below. Should the two weeks lapse without receipt of a retainer, Consultant is free to accept work from any other party.
2. SERVICES: Consultant agrees to perform trial consultant services as requested by {firmName}. In connection with such services, consultant agrees to trial preparation such as case building, document preparation, graphics, timelines, and pre-trial meetings so as to be able to consult with Client and/or advise {firmName} as a trial consultant with respect to Consultant's prior trial experience.
Consultant also agrees to services such as preparing opening and closing statements, to prepare any witnesses and to visually present evidence in court throughout the duration of the trial. Consultant agrees to verbally report his progress to {firmName} and, if desired by {firmName}, Consultant will prepare a written outline to be sent or delivered to {firmName} for all pre-trial and in court work.
3. CONFIDENTIALITY: Consultant agrees to retain all non-public information obtained from {firmName} as confidential and agrees not to release or discuss any of such information unless Consultant has obtained the prior written consent of {firmName} or is otherwise forced, compelled, or required to disclose this information by operation of law or applicable government authority.
4. COMPENSATION: Consultant will bill the {firmName} by half/full day for services as follows -
In-court trial assistance half-day per diem at FIVE HUNDRED dollars ($500.00) and full-day per diem at ONE THOUSAND ONE HUNDRED & FIFTY dollars ($1150).
Equipment costs may vary based on rental and set-up. A quote will be submitted to {firmName} for approximate trial or rental duration.
Pre-trial consultant time and trial preparation outside of court will be billed hourly at ONE HUNDRED dollars ($100.00) per hour.
A retainer of $1000.00 is charged for each case. $500.00 of the retainer is a non-refundable minimum fee charged. Billings for services performed or expenses incurred will be charged against the retainer until such time as it is exhausted.
Fees and rates, once established for a job, will not be increased for that job even though fees or rates may increase for new jobs for a period of one year. Twelve months after being retained, fees may be raised to those currently charged other Clients at that time but shall not exceed a 10% increase per year.
5. BILLINGS: Consultant will tender invoices at the end of each week of trial. Payment is due within 30 days of the invoice date. Late charges at the rate of 10% per month will be added to bills not paid within that time.
The payment of all fees and expenses is the responsibility of the Client notwithstanding Client's relationship with third parties, contingency arrangements, subrogation, etc.
6. EXPENSES: Consultant is responsible for all travel expenses except for parking costs at courthouse unless otherwise discussed with Client.
7. TERMINATION: Client may terminate this Agreement upon 15 days written notice for any reason. Upon termination of Consultant’s services by Client, Client shall immediately pay all fees and expenses incurred by Consultant.
Consultant may terminate this Agreement upon fifteen (15) days written notice if payments are not made within 60 days of the date billing is mailed. This does not relieve Client in any way from payment for services rendered or expenses incurred.