Consultation and Expert Retention Agreement
WHEREAS, Mednick Associates is in the business of, inter alia, providing consultation services regarding anticipated or pending litigation as well as searching for and potentially introducing its clients to corporate experts and/or consultants (“Expert”) for anticipated or pending litigation. WHEREAS ______________________ (“Client”) has asked Mednick Associates to provide consultation services and, if requested, search for and potentially introduce it to an Expert.
Mednick Associates and Client, hereby enter into this Agreement (“the Agreement”) as of [______] _[__], 2025 (the “Effective Date”).
- Mednick Associates agrees that it will perform an independent consultation of Client’s case at Client’s request.
- Mednick Associates agrees that it will, after consultation with Client, identify candidates to serve as an Expert on Client’s behalf.
- Given the inherent difficulty in all litigation and the idiosyncrasies of each legal matter, Client agrees that Mednick Associates makes no guarantee that it will be able to find an appropriate candidate.
- Mednick Associates will send to Client their recommended Expert. Expert’s information, including, inter alia, their curriculum vitae (“CV”) and fee schedule will be sent to Client for their review.
- Client agrees that it will carefully review each candidate’s information, and that Client will make its own, independent decision whether or not to retain said Expert.
- Client understands that the Expert’s CV and fee schedule are confidential property of Mednick Associates. This information may not be copied or distributed outside of Client’s legal team without Mednick Associates’ written consent.
- Client acknowledges the following:
- Mednick Associates is not a provider of corporate services or professional certifications
- Mednick Associates does not provide its own corporate, legal, or technical advice of any kind
- Mednick Associates does not warrant or guarantee the opinions set forth by the corporate experts to which it refers its clients
Fees
- All expert search fees owed by Client will be made payable to Mednick Associates under our tax ID number. Any subsequent fees billed by the Expert for case work will be paid directly to the Expert.
- Mednick Associates’ fee for each Expert search request is $3,000 and contingent upon Client accepting our expert recommendation. If expert accepted, payment is due within 15 days.
- In the event the Client retains the Expert for a separate case, a new one-time “second use” reduced fee of $1,500 will be required for that matter.
- If the Client is currently operating on a pre-paid volume agreement. Mednick Associates will send a quarterly update on the remaining retainer fees available. Volume plans outlined below. Volume plans are valid for 12 months following pre-paid fee.
Volume Retainer Plan options
Level I $10,000 4 contingent expert search engagements
Level II $25,000 12 contingent expert search engagements
Level III $50,000 30 contingent expert search engagements
Communication with Expert
Mednick Associates agrees to coordinate the referral of an Expert and may assist in arranging an initial case consultation conference call. Client understands that the Expert is an independent referral, and that Mednick Associates does not schedule or manage any subsequent services, including ongoing communications, appearances, or case activities.
Expert’s Background
While Mednick Associates conducts a diligent screening of its experts, Mednick Associates does not warrant or guarantee the qualifications of our Experts. Mednick Associates cannot be held liable for any omissions, inaccuracies, or fraud in the Expert’s CV.
No Guarantee of Outcome or Opinion
- Client agrees that Mednick Associate makes no guarantee of a favorable opinion or outcome to Client’s case by our Expert.
- Client understands that, following the referral, they will work independently with the Expert. Mednick Associates cannot be held responsible if the Expert is unavailable for a specified date or time for a review, meeting, deposition, or court appearance. All further coordination and scheduling must be handled directly between the Client and the Expert.
- Client agrees that our Expert may need to be replaced at Client’s expense at any point due to unforeseen circumstances such as our Expert’s injury, death, loss of credentials, retirement, family situation, cessation of professional activities, etc.
- If Client decides to replace the Expert due to: a change in anything on our Expert’s CV; our Expert’s lack of support for their case; or any prior court testimony, sanction or disciplinary action, Client agrees to do so at their cost.
Hold Harmless
- You agree to hold Mednick Associates harmless from any and all claims, demands, liabilities, costs, expenses, damages, and causes of action arising out of or relating to your actions or omissions in connection with this engagement letter. You further agree and understand that all materials, documents, and information provided to you in connection with any referral are confidential and must be treated as such. You agree to maintain the confidentiality of all case-related information in accordance with applicable laws and professional standards.
Connecticut Law, Jurisdiction and Venue.
- The laws of the state of Connecticut shall govern the agreement. Any action arising out of this agreement shall only be commenced and maintained in the County of Fairfield, State of Connecticut.
Attorney’s Fees
- In the event of a dispute arising from this arrangement, the prevailing party shall be entitled to recover all reasonable costs, including attorney’s fees, from the other party.
General
- No waiver of any breach of this Agreement, and no course of dealing between the parties, shall be construed as a waiver of any subsequent breach of this Agreement. You may not assign this Agreement to any third party without the prior written consent of Mednick Associates. Any purported assignment in violation of this section shall be void. This Agreement shall bind and inure to the benefit of the parties, their respective successors and permitted assigns. There are no third party beneficiaries to this Agreement.
[Signature Page Follows]
IN WITNESS WHEREOF, the Parties hereto have executed this Engagement Letter as of the Effective Date.
Mednick Associates
By: __________________________________________________________________________
[Name] [Title] [Client]
By: __________________________________________________________________________
[Name] [Title]
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Trial Attorneys