Expert Witness Retention Contract

Expert Witness Retention Contract

1. Parties. This contract is made between Douglas W. Bowerman, MD PLLC(“Expert”) and the Law Firm of ______(“Client”) regarding the underlying legal matter of ______.

1. Retention. The parties agree that Expert will only become retained by Client once this contract has been signed by Client and the initial retention retainer has been paid.

1. Expert’s Fees, Expenses, and Payment Terms.

Expert’s Taxpayer ID#: 105-58-1323

Submit payment to: Douglas W. Bowerman, MD PLLC

5560 Wells Curtice Rd. Canandaigua, NY 14424

a. Hourly Rate-$500/hour. It is agreed that this rate specifically applies to (but is not limited to) time spent organizing paperrecords; creation of a reference table of contents for electronic medical records;telephone, e-mail, video, and in-person consultations or correspondence with Client; reviewing documents;case analysis; responding to discovery requests; report writing; investigating; reading and signing deposition transcripts; preparing demonstrative aids; and time spent reviewing records in preparation for testifying at deposition, trial, hearing, arbitration, or other venues.Time spent conducting research related to the standard of care, medical procedures, pathophysiology, toxicology, pharmacology, or other topics within the field of Hospitalist Medicine or Internal Medicine will not be billed.Expert’s time will be recorded and invoiced to the nearest one-tenth of an hour.

b. Retention Retainer-$2,000. If the time required for the complete case review is less than 4 hours, the Client will receive a pro-rated refund.

c. Court Testimony- $7,000for each day of court testimony that occurs outside of the Rochester, New York area. Payment is required at least 30 days prior to the date of expected testimony. If testimony is postponed or cancelled after 12:00 noon the day prior to the expected testimony, $3,000 will be refunded. If testimony is postponed or cancelledbefore12:00 noon the day prior to the expected testimony, $5,000 will be refunded. If testimony is postponed orcancelled within 30 days of the expected testimony, $6,000 will be refunded. Expert will arrange and pay for all travel and related expenses.

d. Deposition Testimony- $2,000for each day of deposition testimony within the Rochester, New York area. Payment is required at least 30 daysprior to the date of the deposition. If the deposition is postponed or cancelled within 30 days of the scheduled date, $1,500 will be refunded. Client is responsible for ensuring these terms are adhered to by the deposing attorney, and for collecting thesedeposition fees owed by deposing attorney or parties. For depositions conducted outside the Rochester area, “Court Testimony” fees will apply.

e. Reports- Expert will invoice Client upon completion of Expert’s report. All fees must be paid in full before a report is released.

1. Duties of Client. The Client’s duties specifically include, but are not limited to:

a. Notifying Expert of all parties and attorneys in the case so that Expert can check for conflicts of interest.

b. Where circumstances reasonably allow, providing Expert with prompt notice of any Daubertmotions, Frye motions, motions in limine, or other pre-trial motions made by other parties or persons to restrict, exclude, or in any way limit Expert’s testimony or Expert’s participation in this legal matter.

1. Expert’s Right of Withdrawal from Case. Expert shall have the absolute right to withdraw, without any liability, from the case if:

a.Expert discovers a conflict of interest which precludes Expert’s further involvement in the underlying legal matter.

b.Expert discovers that because of legal restrictions Expert’s involvement or testimony in the case could reasonably be deemed to be practicing Expert’s profession without a license.

1. Payment of Expert Fee Not Outcome Determinative. The parties expressly agree and understand that the payment of the fees set forth herein is not contingent upon the outcome of the case for which the expert has been retained.

1. Expert Not Liable for His Opinion. It is understood and agreed that the Expert shall not be liable to the Client nor any third party for the opinion(s) he renders. If a third party names the Expert as a defendant in a law suit connected with any opinion he has rendered in good faith, the Client agrees to indemnify and hold harmless the Expert.

EXPERT, byCLIENT, by

______

Douglas W. Bowerman, MD PLLC ______

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Date: ______Date:______