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.
Client Terms & Conditions for VA cases
MEDNICK ASSOCIATES – MEDICAL EXPERT RETENTION AGREEMENT
WHEREAS, Mednick Associates is in the business of, inter alia, introducing its clients to Medical Experts and/or consultants [“Expert(s)”] 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 which it refers to its clients, and WHEREAS the [“Client”], who’s full name is entered below, acknowledges these facts and wishes to engage with Mednick Associates to refer to it a Medical Expert that is relevant to the legal case at hand. WHEREAS Mednick Associates and the Client, hereby enter into this Agreement [“the Agreement”].
Retaining Medical Experts
- Mednick Associates agrees that it will, after consultation with Client, identify candidates to serve as a Medical Expert on Client’s behalf.
- Based on the specific details of Client’s case, Mednick Associates will send to Client its recommended candidate Medical Expert, including, inter alia, their Curriculum Vitae (“CV”).
- Client agrees that it will carefully review the Expert’s CV and that it will make its own, independent decision whether or not to retain the Expert.
- Client agrees that Mednick Associates makes no guarantee that it will be able to provide an Expert that will be approved by Client.
- Client understands that the Expert is an asset of Mednick Associates and that their CV is the confidential property of Mednick Associates and cannot be copied or distributed without consent.
- Client acknowledges and agrees that Mednick Associates makes no guarantee of a favorable opinion or outcome by a Medical Expert.
Exclusivity
- Client agrees that it shall not retain any Expert provided to Client by Mednick Associates without the knowledge and/or involvement of Mednick Associates.
- Client agrees not to discuss or negotiate fees with Mednick Associates Medical Experts.
- While Mednick Associates conducts diligent screening of its Medical Experts, Mednick Associates does not warrant or guarantee the qualifications of Medical Experts and cannot be held liable for any omissions or inaccuracies of Medical Expert credentials.
Fees
- The Client agrees to the Veteran Fixed Price [“Fee Schedule”] as published on the Mednick Associates company website or, that Client has been designated special status as a member of Mednick Associates Veteran “[“Partner Program”]”, for which a discounted Fee Schedule has been previously granted and agreed upon.
- Client agrees that said Fee Schedule applies to each Veteran case that Client submits to Mednick Associates for the purpose of retaining a Medical Expert.
- Fees for Medical Expert services are billed to the Client with an invoice of $1,500 after the case review and report are completed and it is due in 15 days. If the Client has chosen the option for the Veteran to pay for the case, the $1,500 fee will be billed directly to the Veteran, and must be paid in advance prior to commencing the case review. Upon payment, the medical expert will start reviewing the case.
- The Initial Retainer Fee is subject to change if the volume of the medical documents submitted to the Expert for its review is unusually large. Experts should only receive materially relevant medical records. In the event that an increase in the Initial Retainer is necessary, the Client shall be informed of said increase prior to the Expert commencing a review of the medical records, and prior to Client being invoiced. Client can accept or decline to move forward based on the adjusted Initial Retainer Fee
- If a written report is declined by Client based on the initial review and opinion of a Medical Expert, or for any other reason prior to the Medical Expert commencing work on the report, the final 50% payment shall not be invoiced to Client and the engagement between Mednick Associates and Client for the relevant case shall end and be considered closed.
- All Medical Expert Fees shall be made payable to Mednick Associates under the Mednick Associates tax ID number.
- Failure to pay an invoice within 15 days of receipt will cause a Medical Expert to immediately cease to perform work on the relevant case, and interest charges of 2% per month shall be applied to the outstanding balance.
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 shall remain in full force and effect.
- These Terms & Conditions and the agreed upon Fee Schedule comprise the entire agreement between Mednick Associates and Client and it supersedes all prior negotiations, agreements, and understandings between and among the parties.
- This Agreement may only be amended in writing and executed by all parties.
Legal Venue and Legal Fees
- This Agreement shall be interpreted under the laws of the State of Connecticut.
- 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.
- 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.
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]
