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agreement is entered into between Sheldon Wishnick of Actuarial Litigation Service
(ALS) and Attorney
________________________ of ____________________________________ on
behalf of client ___________________________________. Services
to be Performed Consultant
agrees to perform consulting and/or expert witness services as requested by client.
In connection with such services, consultant agrees to perform such investigation,
document review and research so as to be able to advise client of consultant's
findings. Unless directed otherwise, consultant will prepare a written report
to be sent to client. Consultant also agrees to assist in trial preparation and
to testify as an expert witness in those areas in which he is qualified. The
full scope of Consultant's work will be determined as the matter proceeds and
will be subject to the needs and requests of client. Confidentiality Consultant
agrees to retain all non-public information obtained from the client as confidential
and agrees not to release or discuss any of such information unless Consultant
has obtained the prior consent of the client or is otherwise compelled to disclose
this information by operation of law or other government authority. Compensation Fees
are billed to the client by the tenth of an hour using an hourly rate of $250.
This rate applies to all services including work performed at ALS, deposition
and trial testimony, waiting and travel time. This rate is guaranteed for 12 months
from contract signing. Subsequent work will be performed at the then prevailing
rate. Out of state travel time and expenses are covered by a supplemental agreement.
Depositions and court
testimony in Connecticut have a 4-hour minimum fee, payable in advance. For neighboring
states, single day testimony within 120 miles has a flat 10-hour consulting fee
for preparation, travel, expenses and testimony. This fee, as well as any outstanding
consulting fees incurred to date, must be paid before testimony can be scheduled.
Billings Each
case requires a non-refundable retainer of $1000 for up to four hours of consulting
time. The initial telephone consultation is complimentary. The payment of all
fees and expenses is the responsibility of the client, notwithstanding Client's
relationship with third parties, contingency arrangements, subrogation, etc. As
a convenience, Consultant may agree to prepare a separate billing for an attorney
taking Consultant's discovery deposition, but the responsibility for payment remains
that of the client. All
invoices are payable upon receipt and checks should be drawn to Sheldon Wishnick,
FSA. Invoices remaining unpaid more than 30 days shall incur a $20 monthly late
fee, 1% monthly interest charge plus all collection costs incurred. Termination This
agreement may be terminated by Client upon 15 days notice for any reason. Upon
termination , Client shall immediately pay all outstanding fees and expenses incurred
by Consultant. Consultant
may terminate this agreement upon 15 days written notice if payments are not made
within 60 days of the date invoice is mailed. This does not relieve Client in
any way from payment for services rendered or expenses incurred. Governing
Law The laws of Connecticut
shall govern all actions arising out of the performance of this agreement. This
agreement is executed in acknowledgement and agreement with the above terms and
conditions. __________________________________________________ ____________
Attorney
Date
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