Oregon Expert Witness Testimony Attorney Retainer Agreement - Arnold Law in Eugene, Oregon – Powerful Advocacy. Proven Results.

Oregon Expert Witness Testimony Attorney Retainer Agreement

It is important to communicate clear expectations to a consulting or testifying expert witness. Many experts (forensic experts, accident reconstruction engineers, polygraphers, etc.) do not work in the forensic world very often and many do not understand their legal fiduciary duties.

An expert consultant or expert witness has a fiduciary duty of confidentiality and loyalty that prohibits discussing the case others or having a conflict of interest by being employed by the adverse party. However, why rely on the common law interpretation of fiduciary duties and expect non-lawyer experts to know them when you simply put expectations in writing?

Expert Witness Acknowledgement

I acknowledge and understand that I am being retained by Arnold Law as a consulting expert or a testifying expert witness for [CLIENT NAME].

I understand that my retention means that I have fiduciary and contractual duties to not disclose any information regarding this case to third parties without the express written consent of the attorney that has employed me in this capacity, including but not limited to speaking to other attorneys about the facts of this case or the purpose of my engagement.

I also expressly acknowledge my fiduciary and contractural duty of loyalty, which prohibits me from assisting Arnold Law in this matter if I have a conflict of interest. I also agree not to cause a conflict interest in the future by being engaged by opposing counsel or the adverse party in this case or a related matter at any time. I also agree not to be retained to work on the same or similar mater involving any other party to this matter while this matter is pending.

I also agree to submit invoices for fees and expenses in this matter at least monthly unless an agreement is made to the contrary.


Expert Name                                                    DATE


Interpreters Available
  • Firm Philosophy

    A Team Approach to Litigation

    At Arnold Law we look at every case as a team effort. The team consists of your lawyers, Arnold Law support staff, experts, investigators, and YOU.

    Let’s break this down, starting with YOU: You as the client are a vital part of the legal team. You have been living the events that have led up to this litigation. You are often the best person to consult for historical information and background. Clients have also been known to come up with some very creative and strategic legal ideas. Because of this, we encourage clients to brainstorm ideas and we listen to them carefully. Of course, without legal training, many ideas of clients are legally impossible or invalid, but that’s okay. Because there is often a gem in there that even the lawyers didn’t think of.

    Next, are the lawyers. Picking a lawyer or team of lawyers is often the most important decision a person makes in their life if the stakes of the case are high enough. Let’s take a divorce for example. Many people say that picking a spouse is the most difficult/important choice. That’s true on many levels, but you can divorce them; the choice isn’t permanent. If you choose a divorce lawyer poorly, you might be saddled permanently with their financial errors (i.e., support, missing assets, improperly divided retirement accounts, etc.). If you pick a criminal defense lawyer poorly, you may face the permanent consequences from a prison cell or at the unemployment office.

    Our Size Allows Flexibility for Each Case

    Our firm’s structure allows us to give each case the appropriate resources that it deserves in line with the client’s goals. If a client has a cost saving goal, then they may elect to have an associate attorney handle their case, knowing that a partner oversees their work and gives guidance. This allows clients to have the best of both worlds: the oversight of an experienced partner with the cost-saving advantage of an associate attorney to do the day-to-day work.

    For the more complex cases in the firm, two attorneys may be assigned to the case, particularly in commercial litigation and complex criminal defense. Two attorneys on a case has several advantages. Primarily, it allows an experienced attorney on the case with an associate attorney to bill less money per hour on tasks not requiring the partner. This allows money to go much farther and also saves costs through efficiencies (lawyers are assigned tasks based on their strengths). This way we can avoid billing partner rates for research projects or discovery projects, for instance.

    The old adage that “two heads are better than one” also holds true. Part of becoming experienced is acquiring wisdom. And wisdom is often knowing what you don’t know. Oftentimes, it’s the young associate attorney (or even the client) who comes up with the fresh perspective in a case that proves to be the game winning idea.

    Another reason that two heads are better than one is because we are a trial firm. Clients hire us because we are trial lawyers. This means sometimes we are in trial and unavailable on other cases. Having another lawyer up-to-speed assists greatly in these instances.