New York Sample Letter Explaining Terms of Engagement of Expert Witness [Your Name] [Your Address] [City, State, Zip Code] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Address] [City, State, Zip Code] Dear [Recipient's Name], RE: ENGAGEMENT OF EXPERT WITNESS — TERMS OF ENGAGEMENT I am writing to formally engage your services as an expert witness for [case name/number] currently pending in [court name] located in [city], New York. We believe your expertise in [expertise area] will be invaluable to our client, and we are confident in your ability to provide essential insights for a successful outcome. Below, please find the detailed terms of engagement for your reference: 1. Services Required: a. [Specify the nature of the services required, such as "providing expert testimony," "reviewing case documents," "preparing expert reports," etc.] b. [Include any specific tasks you expect the expert witness to perform.] 2. Duration of Engagement: a. [Specify the expected duration of the engagement, whether it is a specific period or until the conclusion of the case.] b. [Mention any potential extensions if necessary.] 3. Compensation: a. [Clearly state the agreed compensation for the expert witness services, including hourly rates or flat fees.] b. [If applicable, outline any reimbursement policies for expenses incurred during the engagement.] 4. Confidentiality: a. [Discuss the importance of maintaining strict confidentiality regarding case details, client information, etc.] b. [Clarify the expert witness's responsibilities in safeguarding confidential information.] 5. Professionalism: a. [Highlight the expected professional conduct, adherence to ethical guidelines, and punctuality.] b. [Emphasize the need to provide impartial and unbiased expert opinions.] 6. Termination: a. [Specify the conditions under which either party may terminate the engagement, such as failure to meet deadlines, breach of confidentiality, etc.] b. [Include any notice period required for termination.] 7. Governing Law: a. [Indicate that the terms of engagement shall be governed by the laws of the State of New York.] Please review the enclosed documents, which include a copy of this letter and the attached Terms of Engagement. If you agree to the terms outlined, kindly sign and return a copy of the Terms of Engagement to us at your earliest convenience. Should you have any questions or concerns, please do not hesitate to contact me via the provided contact details. We appreciate your willingness to contribute your expertise to this case. Your insights will play a vital role in the pursuit of justice for our client. Thank you for your attention to this matter. Yours sincerely, [Your Name] [Your Title/Position] [Law Firm/Organization Name] Enclosures: — Termengagementen— - Copy of this letter
New York Sample Letter Explaining Terms of Engagement of Expert Witness
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Make it clear. When writing an engagement letter, clarity is key. While it's important to be specific and provide detail, avoid unnecessary legal jargon. Keep the letter succinct when possible to ensure it's as straightforward as possible for clients.
Once an expert has been designated under Section 2034.210 all of the expert's present and previous opinions as well as any communications the expert might have had with the attorney, clients, other retained experts, and any expert notes or documents provided to the expert are discoverable.
Generally, engagement letters are not privileged; however, if legal advice or strategy is conveyed in the letter, those portions of the letter may be privileged.
Thank you for selecting _________________________ to represent you with respect to ____________________________________________. This letter will confirm our recent discussion regarding the scope and terms of this engagement. Our firm has agreed to represent you in this lawsuit. I personally will supervise the case.
It can be valuable to remind expert witnesses that nearly all their written communications are discoverable under Rule 26 of the Federal Rules of Civil Procedure and Rule 16 of the Federal Rules of Criminal Procedure. Many state courts consider these materials to be discoverable as well.
A good way to begin is to introduce the expert to the judge or jury and go through the expert's resume to establish them as having an extensive background in education and work experience in the subject that you want to qualify them as in expert.
Under Rule 26(b)(4)(D), a party may not discover facts or opinions held by a consulting expert absent a showing of exceptional circumstances. However, if a consulting expert transmits factual information to a testifying expert, the communications identifying the factual information may be discoverable.
FAQs on Engagement Letter There may well be sections of an engagement letter that would be considered confidential. The rest of the letter is not considered privileged information. Engagement letters are written up between a client and a business. It is with the aim of protecting both sides of the agreement.
