ENGAGEMENT AGREEMENT FOR EXPERT WITNESS CONSULTING SERVICES
This Agreement is entered into as of _______________ 2005 , between
Lawrence Kamm (California Professional Engineer Certificate No. E 5897)
1515 Chatsworth Blvd.
San Diego CA 92107
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( Consultant )
and
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( Client )
for Consultant to provide expert witness consulting services to Client in connection with the following described matter:
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(the Matter ).
WHEREFORE, the parties hereby mutually agree as follows:
Services. The Services to be performed by Consultant include (i) evaluating and studying evidence and factual matters concerning the Matter as may be requested by Client; and (ii) Consultant communicating to Client the analysis, conclusions and opinions of Consultant concerning the Matter in areas as may be requested by Client; and (iii) Consultant participating in telephone conferences, meetings, scene visits, and other communications as may be requested by Client; and (iv) Consultant giving expert witness testimony in depositions, at trial, in arbitration hearings when requested by Client or when subpoenaed; and (v) Consultant providing such written declarations and reports concerning the foregoing as requested by Client; and (vi) such other expert witness consulting services as may be mutually agreed.
Client understands that Consultant will be acting as an independent expert witness consultant, and that all of Consultant s reports, advice and testimony will be objective and impartial, based upon Consultant s good faith analysis and professional conclusions and opinions.
Client acknowledges that Consultant has not made any representations or guarantees of any nature with respect to the ultimate results, outcomes, conclusions or opinions that Consultant may ultimately reach in connection with Consultant s Services and the Matter.
Client shall pay Consultant for his time devoted to the Services pursuant to this Agreement, irrespective of the ultimate outcome of the Matter, and irrespective of the ultimate opinions and testimony of Consultant in the Matter.
Client is engaging Consultant as an independent contractor to provide the Services; and nothing in this Agreement shall be construed to create any partnership, agency, joint venture or employment relationship.
Compensation.
Client shall compensate Consultant for all his time devoted to the Services, at the rate of $--- per hour, excluding time involved in depositions paid for by a deposing attorney.
Client shall reimburse Consultant, at his actual cost, for reasonable out-of-pocket costs incurred by Consultant to perform the Services, including business class airfare for any required air travel. An estimate for out-of-pocket expenses in excess of $200 shall be submitted for advanced approval by Client.
Client shall pay an advanced non-returnable retainer to Consultant in the sum of $----. Consultant will treat this sum as a deposit against charged time. Consultant shall submit periodic invoices for Services rendered and out-of-pocket costs incurred, and Client shall pay the same within thirty days after receipt by Client of the invoice but shall pay the latest invoice before a deposition or court testimony date. Consultant shall maintain an accurate log of his time and costs incurred; and Client shall be entitled to inspect a copy thereof upon request. Consultant acknowledges that he is solely responsible for all tax returns and tax payments owed by Consultant with respect to receipt of the compensation under this Agreement.
Confidentiality.
Consultant agrees to maintain the confidentiality of all of Client s confidential information which may be furnished to Consultant; and Consultant agrees to not use Client s confidential information for any purposes other than in connection with performing the Services. For purposes of this Agreement, confidential information shall not include any information which (i) is in the public domain through no fault of Consultant, (ii) was known to Consultant prior to disclosure thereof by Client, (iii) or was furnished to Consultant by independent sources who are not under confidentiality obligation to Client.
No Conflicts.
Based upon the original information furnished by Client to Consultant, Consultant represents that he is not aware of any prior or existing relationships which reasonably appear to create any conflict of interest for Consultant to provide the Services.
Legal Matters.
Client will indemnify, defend and hold harmless Consultant from and against any and all claims, actions and damages which may be asserted by any third party against Consultant with respect to the Services rendered by Client, excepting only to the extent the damages are finally determined to have resulted from the willful misconduct or fraudulent behavior of Consultant.
This Agreement shall be construed and enforced in accordance with the laws of the State of California.
Any dispute arising with respect to this Agreement shall be resolved by binding arbitration, in San Diego County, by a single neutral arbitrator who is a retired judge.
Termination.
Client may terminate this agreement without cause at any time and any uncharged deposit beyond the retainer will be immediately returned. (Typically this occurs either when the Matter is settled or when Consultant s opinion, after his studying the evidence, is unfavorable to the Client s case.)
Upon any termination, Client shall still pay to Consultant all earned fees and incurred costs.
Consultant may terminate this Agreement in the event of any default by Client, which default is not cured within 10 days after written notice of the default is given to Client.
IN WITNESS WHEREOF, the parties have executed and delivered this Agreement as of the date set forth above.
Consultant:
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._______________________________ Date:_____________________
Lawrence Kamm
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Client:
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__________________________________
By:
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__________________________________Date:_________________________