Thank you for agreeing to be my consultant in this case. I am putting the terms of our contract in writing to make clear the nature of our relationship and our mutual responsibilities.

The fee agreement between us is that I shall pay you $_____ an hour for your consultative services provided me. This financial arrangement forms the basis for the contract for your expert services. Enclosed is a check for $___________ as an initial payment of your fee.

The California Courts advise attorneys that they are required to put in writing to their experts information about the nature of the confidentiality requirements. What follows may seem obvious to you, but I am obligated to detail the boundaries of the relationship established by our contract.

My obligation to you is to pay your fees, give you direction as to my needs in the case, and provide you with the relevant information needed to give me your expert advice. Your duties include providing your expert advice to me in confidence which means a thorough and accurate appraisal of the issues you evaluate. Also,

1. All information about this case from the moment I first speak to you is completely confidential. That is, unless you become a witness in this case (and unless I inform you differently, you are not one), you are my consultant and work within the privacy of the attorney-client privilege and my personal work product privilege. These privileges are statutory mandates under California Evidence Code section 952 and Penal Code section 1054.6, which state that your work for me is private, confidential and cannot be discovered by anyone. This privilege covers all oral discussions and written communications between us. Also, any and all written work product you produce in this case will be the property of this office.

2. If by chance, counsel or investigators from the other side of this lawsuit contact you for help with the case, you cannot oblige them. This would put you in a conflict of interest and would breach our contract and privileged relationship. Should the opponent contact you about this case, your only response is, "Sorry, I cannot help you." You cannot state that the reason you are not helping is because you are working for me as that is revealing a confidence.

3. If the opponent contacts you with the express purpose of finding out if you are working, or have worked for me, on this case, that is sanctionable misconduct on their part. It is serious misconduct for a legal adversary to exploit privileged communications of the other side, it can be a basis for that attorney's disqualification from the case, and other sanctions. If you are contacted about the case and the situation appears to you ambiguous, do not rely on the expressions of others to say that it is permissible for you to talk. Call me first. You can always call the person back.

Of course, if you are publicly declared a witness for the case, the opponent may call you and you may chose to talk to them if you wish. You have no obligation to do so. If you elect to talk to them, please let me know as I would like to be there.

4. Your obligation of confidentiality is not time-limited. It does not conclude upon the resolution of the case in court. Thus, unless expressly authorized by me (i.e., by designating you as a witness in the case), you cannot ever reveal the contents of your consultation with me.

5. Sometimes a case is very interesting and you might wish to discuss it at conferences with your colleagues. Do not do it. Even discussing the facts without names could give away the identity of the case to a lawyer or expert working for the opposition.

6. Should you deem it necessary to consult with other experts on this case outside your office, please contact me beforehand. If we agree on it, you should be careful to first make sure they are not working on the case for the other side so as to avoid the problems noted in paragraph three above. If they are to be made privy to the facts of the case and our communications, they must also agree to consult within the same terms and conditions of confidentiality as you. Thus, if you are going to consult with others, it is best if I first establish these ground rules with them.

7. You have the responsibility to insure that employees and other staff members in your office are aware that the confidentiality obligations stated in this contract apply to them as well.

8. All written communications between us should be labeled at the top of the document as I have done with this letter to you.

Please sign this contract and return it to me in the enclosed stamped, self-addressed envelope. I have enclosed a copy for your files. You come highly recommended, and I look forward to working with you on this matter.

Yours truly,

Charles M. Sevilla, Attorney

DATE: _____________ I have read the above foregoing fee contract and agree to be bound by the terms contained therein.

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