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
medical experts and/or consultants (“Expert”) for anticipated or pending litigation,
and WHEREAS Mednick Associates is not a hospital or any other type of health-care
provider, and WHEREAS Mednick Associates does not provide its own medical advice of
any kind, and WHEREAS Mednick Associates does not warrant or guarantee the opinions
set forth by the medical experts to which it refers its clients, and WHEREAS Client
acknowledges these facts about Mednick Associates and has asked Mednick Associates
to provide consultation services and, if requested, search for and potentially introduce
it to an Expert, Mednick Associates and Client, ______________________ (“Client”),
hereby enter into this Agreement (“the Agreement”).
Consultation and Expert Retention
• 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 medical case
and legal case, 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 candidate (“our Expert”).
Our 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 our Expert.
• Client understands that our Expert works with Mednick Associates and that their CV
and fee schedule is confidential property of Mednick Associates and cannot be copied or
distributed without consent.
• If Client decides to retain our Expert at a future date or for other cases, Client agrees
to do so through Mednick Associates and not to contact the Expert directly.
• Client agrees that a retainer payment, per the Expert fee schedule, is due in full to
Mednick Associates prior to the chosen Expert performing an initial case review. Initial
retainers are subject to change, and can be increased from the quoted fee schedule,
based on the volume of the medical documents. If so, the retainer amount will always
be quoted and agreed to by the client prior to the Expert commencing the case review.
• All additional work beyond the initial retainer review, will be billed at the hourly rate
set forth in the Expert fee schedule.
• Deposition and Trial testimony will be billed at the rate set forth in the Expert fee
schedule. Travel time, expenses (if any) and trial preparation will be billed separately.
Fees
• All of our Expert’s fees will be made payable to Mednick Associates under our tax ID
number.
• Fees for this matter are set forth in a separate Fee Schedule, and that Fee Schedule
will become a part of this Agreement.
• Client agrees not to discuss or negotiate fees with our Expert.
• Fees on our Expert’s fee schedule are subject to change, but any fees presented at the
beginning of the expert engagement will be honored throughout the life of the case.
Communication with Expert
• Mednick Associates agrees that it will arrange all case reviews, consultation meetings,
and the court testimony of our expert. Client agrees that all work that our Expert may
perform for Client (omitted section) must be arranged through Mednick Associates.
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 our 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.
• Mednick Associates cannot be held responsible if our Expert is unavailable for a
specified date or time for review, meeting, deposition or court date but will endeavor to
schedule these items at Client’s request to the best of their ability.
• 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 license,
retirement, family situation, cessation of medical practice, etc.
• If Client decides to replace our 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.
Damages
• Client agrees to pay Mednick Associates timely for all additional services rendered
by our Expert beyond the initial assignment, and failure to do so will result in interest
charges of 1.5% per month; moreover, upon Client’s failure to pay Mednick Associates
timely, our Expert will immediately cease to perform continued work.
Severability
• Mednick Associates and Client agree that should any part of this Agreement be
rendered or declared invalid by a court of competent jurisdiction, the remaining
portions of this Agreement remain in full force and effect.
This Document Comprises the Parties’ Entire Agreement
• This Agreement, the Fee Schedule referenced above, and any other exhibits attached
comprise the entire agreement between Mednick Associates and Client and supersede
all prior negotiations, agreements, and understandings between and among the parties.
This Agreement may only be amended by a written document executed by all parties.
Choice of Law
• This Agreement shall be interpreted under the laws of the State of Connecticut.
Alternative Dispute Resolution and Forum Selection
• In the event of litigation relating to the subject matter of this Agreement, Client
and Mednick Associates agree that the parties will submit themselves to a mandatory
mediation within 90 days of one party’s demand. Such mediation will occur within the
state of Connecticut. Should the parties fail to resolve the disagreement at mediation,
any litigation between the parties arising out of this Agreement will be resolved in in
Connecticut Superior Court.
Attorneys’ Fees
• In the event of litigation relating to the subject matter of this Agreement, the non-
prevailing party shall reimburse the prevailing party for all reasonable attorney fees and
costs resulting there from.
