A law firm has been talking to me about retaining my services as a
consultant on a particular case.
I would guess that there will be a written agreement for my services that
includes areas such as:

1. Non-disclosure.
2. Cannot work for other side on the case.
3. Liability
4. Ownership of any documents I produce.
5. And, of course, payment for time and expenses.

What are the typical terms used in such situations?
Any references?
Nolo's Deposition Handbook has a chapter on "Expert Witness Deponents",
which I have not yet read.
Any better sources?

--
http://www.standards.com/; See Howard Kaikow's web site.

Howard Kaikow wrote:
A law firm has been talking to me about retaining my services as a consultant on a particular case. I would guess that there will be a written agreement for my services that includes areas such as: 1. Non-disclosure. 2. Cannot work for other side on the case. 3. Liability 4. Ownership of any documents I produce. 5. And, of course, payment for time and expenses. What are the typical terms used in such situations? Any references? Nolo's Deposition Handbook has a chapter on "Expert Witness Deponents", which I have not yet read. Any better sources?

I've worked as an expert in EMS-related malpractice suits. I've never
had an attorney ask for anything but my credentials, rates (so much to
read and write - so much to testify and travel, doorstep-to-doorstep),
retainer and estimate of time, and that was covered in a simple letter.
Of course, the issues and facts were pretty straightforward, and the
nature of your consulting might be more complex.


--
Gerald Clough
"Nothing has any value, unless you know you can give it up."

Howard Kaikow wrote: A law firm has been talking to me about retaining my services as a consultant on a particular case. I would guess that there will be a written agreement for my services that includes areas such as: 1. Non-disclosure. 2. Cannot work for other side on the case. 3. Liability 4. Ownership of any documents I produce. 5. And, of course, payment for time and expenses. What are the typical terms used in such situations? Any references? Nolo's Deposition Handbook has a chapter on "Expert Witness Deponents", which I have not yet read. Any better sources?

I've done this many times and from you POV, these questions you ask are so
obvious that you really should not need ask them. You are important to
control from your hiring attorney's view, but you only need perform the
work. The scope and manner of the work and your product need conform to
certain rules depending on the guidelines of the particular court you'll be
appearing in (you may hear the word Daubert tossed about), but that's not
your concern.

For example, why do you need to ask this forum if it's ok for you to
contract with one side to produce documents and not disclose what you
produce to the other (NDA)? Do you really think that may be OK? Do you think
it's on your head to draw up such agreements preventing you or the attorneys
from such behaviors? Do you think that you will produce documents under
contract and then own them in this case?

Mostly this is cut and dried. If you post your area of expertise, perhaps
someone here has done that work and can make a specific reading
recomendation.

-paul
ianal

"Howard Kaikow" <kaikow@standards.com> wrote in message
news:rtrqf0tpu365jhiem8rj1k5vsaifgs0c3l@4ax.com... A law firm has been talking to me about retaining my services as a consultant on a particular case. I would guess that there will be a written agreement for my services that includes areas such as: 1. Non-disclosure. 2. Cannot work for other side on the case. 3. Liability 4. Ownership of any documents I produce. 5. And, of course, payment for time and expenses. What are the typical terms used in such situations? Any references? Nolo's Deposition Handbook has a chapter on "Expert Witness Deponents", which I have not yet read. Any better sources?

Why don't you wait to see the agreement and then re-post with specific
questions about areas of concern; fair warning: much or all of the
agreement may be pretty much non-negotiable unless you have highly valuable
and unique skills ...

You're right about the five areas you mentioned ... be sure to be clear
about who is actually going to pay you (law firm or their client -- not as
obvious as it may seem ... been there), the timing of payments and what kind
of support you have to provide for your invoices ... and make absolutely
certain that your fee is not contingent upon anything whatsoever beyond
reasonable performance and a conforming invoice