The letter identifies the matter, defines the assignment, states compensation terms, addresses confidentiality, and specifies whether the expert is retained as testifying or consulting.
Designation as consulting or testifying determines discovery protection.
Alternative Names:
Expert Engagement Letter, Expert Retainer Agreement
Why it Matters?
Stating whether the expert is consulting or testifying at the outset matters because the designation determines protection, and converting a consultant to a testifying expert generally waives protection over their prior work. Letters that leave the role ambiguous forfeit the ability to make that decision later. The letter should also address document retention, since materials the expert considered are discoverable in federal practice.
Frequently Confused with
Related terms
Frequently asked questions
Why designate consulting or testifying at retention?
Should the letter address document retention?
