It is inappropriate for a lawyer who does not object to continuing to use the expert`s services after being informed of the expert`s guidelines for participation in legal affairs, and then later denying that he or she has approved the terms of those guidelines. However, the expert should recognize that making the expert`s instructions available to the lawyer is only an offer and does not bind the lawyer or client until the lawyer or client expressly or tacitly consents to it. I was contacted recently by an expert who asked me to investigate an allegation and write a report. The expert conducted the investigation, wrote the report and presented his $9,000 bill to the lawyer. The lawyer refused to pay the bill. The expert did not have a written retention contract signed by a lawyer. It is highly unlikely that this expert will receive payment for his time and effort. The expert`s options: recourse for non-payment or claim to the Bar (he will take time, because he does not have a written contract and may not work). Since such a range of information can be found under current legislation, it is important, if not, to maintain confidentiality where possible. The retention agreement should stipulate that any communication between the expert and the lawyer is confidential and should not at any time be disclosed by the expert during or after the remedy of the case.
Similarly, the agreement should stipulate that the expert returns all documents containing confidential information or protected work products of the lawyer once the dispute is closed. The gold standard for expert contracts. THE SEAK contract, used by more than 2,000 experts, deals in an elegant and simple way with many of the problems that experts find annoying, including: being kept in the dark by the appointment of lawyers, being deliberately expelled from the case, collecting fees, less than ethical lawyers, not paying fees, preserving the reputation of the expert, Being pushed out of your real area of expertise, unknown challenges of Daubert and many others. One. The contract has been reviewed by lawyers and judges and is used by more than 2,000 experts. When a lawyer does not accept the SEAK contract, the problem is usually that of the lawyer and not the contract. In other words, the presentation of the SEAK contract is a good way to know in advance whether or not you need to work with the relevant lawyer. . . .