RETAINER AGREEMENT
FOR VOCATIONAL REHABILITATION EXPERT SERVICES
The undersigned do/does hereby retain vocational rehabilitation expert services of Dr. Flora Ann Pinder, a vocational rehabilitation expert, in connection with a domestic case. She has testified over 100 times in domestic cases for over 20 years. The undersigned shall pay the retainer before the initial vocational evaluation appointment is scheduled unless other arrangements are made. A vocational assessment appointment will not be held without a retainer.
Compensation will be paid to Dr. Flora Ann Pinder for the above-described services as follows:
(1) A non-refundable retainer of $_________ is paid as a compensation based upon time expended. Time wiII be charged against the said retainer at the rate of $150 per hour for regular professional time by the expert, $200.00 for trial testimony from door to door, $70 for research time by the research assistant, $20.00 for administrative and clerical services such as preparation of documents and the file for trial, and $70 for the Registered Nurse to review medicals if needed.
(2) If the initial retainer is exhausted, undersigned acknowledges that expert will request additional retainer in amount to be determined by expert, with same hourly rates as above being charged against retainer. We prefer to have approximately 6 weeks to prepare a vocational evaluation report and we usually prefer more time if it is a complex case such as the need for medical records, difficult labor market surveys, difficulty scheduling or other complications. A letter can be prepared quicker than a report.
(3) The retainer of $1,000.00 may be expended for, among other things, the costs of the vocational evaluation assessment appointments, research for the report, the first labor market survey, phone conferences with either spouse, phone conferences with attorneys, all phone calls related to file activity including scheduling appointments, depositions and related, other phone conferences, grading of tests, all research related to case including medical (if appropriate), and the completion of a vocational evaluation report.
(4) There is an additional charge for the trial testimony of $200.00 from door to door, which excludes depositions, which are charged at a higher rate, and administrative and clerical services as needed. If the initially scheduled trial is continued, there may be an additional charge for an additional labor market survey if needed for trial preparation and testimony.
If expert is asked to impute income, it will be necessary to perform a labor market survey and locate new job openings each time that the case is scheduled for trial, which creates additional expense.
The Vocational Expert needs to be paid prior to testimony for trial testimony and trial preparation services, which is billed at a lower rate than testimony. If time allows, trial costs need to be paid at least three (3) weeks prior to trial to allow for proper preparation. We need to schedule a pretrial conference with your attorney and prepare our file for testimony. There may be a need for administrative and clerical services and to perform an updated labor market survey. Extensive work is required and we must set aside time on our calendar.
Please notify the office immediately if the case settles during trial preparation. Unless other arrangements are made, the trial preparation costs will not be refunded if we have started preparation for trial. Court testimony costs will be refunded at a rate of 50% if we are provided with at least five (5) days of notice.
All costs and expenses, including but not limited to professional time, research time, travel, meals and lodging when necessary, and long distance toll charges, shall be paid by the undersigned and may be deducted from retainer. Approval will be obtained for meals and lodging. Upon request, the undersigned shall advance such funds as necessary in the opinion of expert to properly fulfill the matters and purposes above stated, both as to fees and costs.
All statements rendered shall be promptly paid. If expert is not paid on a timely basis, expert reserves right to charge interest at 18% per annum after 30 days if invoice is not paid within 30 days of mailing. The expert has the right to file with small claims court or to hire a collection agency.
If there is an outstanding balance, the undersigned shall pay the same not less than 14 days
before the trial unless other arrangements have been made.
To clarify the costs, the below is a breakdown on the major trial costs:
(1) Trial testimony (door to door) $200.00/hour
(2) Trial preparation $150.00/hour
(3) Administration and clerical $20.00/hour
(4) Labor market surveys $70.00/hour
If the use of vocational services is discontinued by agreement of the parties, without the recei pt
of services, the total fee will be adjusted equitably according to the circumstances. A request for refund must be made in writing.
“Governing Law and Venue: The terms of this Retainer Agreement shall be dictated by Florida Law. Cases and controversies regarding this Retainer Agreement are to be tried in Seminole County, Florida. ”
Dated at ___________________________________, Florida, this __ day of ______________, 2015
Client Signature: _______________________________
Client Address: _________________________________
_________________________________
Client Phone: ______________________ Cell Phone: ______________________ Client E-mail: ____________________________________