SECURITY CONSULTING STRATEGIES, LLC
403 Indiana Avenue
Sandusky, Ohio 44870
2020 Litigation Support Agreement
Case Name (Print)
1. This agreement for forensic security consulting services in connection with the above referenced matter only is made by and between Curtis Baillie (“Consultant”), who is an employee of Security Consulting Strategies, LLC, and the undersigned attorney/law firm (“Attorney”-“Client”). Consultant is retained when Consultant receives a nonrefundable retainer of Three Thousand Five Hundred Dollars ($3,500), and this signed Agreement. Consultant has no duties to Client until such time.
2. Deposition and other non-trial appearances, including preparation, wait and testimony time: Three Hundred Fifty Dollars ($350) per hour billed in accordance with applicable statutes. A four (4) hour minimum applies. Deposition fee must be received from opposing counsel or Attorney prior to, or at the starting time of deposition. Preparation and travel expenses are charged to Attorney. Unless Attorney’s account balance is sufficient to cover all anticipated fees and expenses, prepayment of deposition preparation fee and estimated travel expenses plus the balance of any outstanding fees and expenses owed to or anticipated by Consultant must be received by Consultant at least five (5) business days prior to the date of deposition.
3. Trial appearance (includes final trial preparation, wait and testimony time): Three Hundred Fifty Dollars ($350) per hour billed in accordance with applicable statutes. A four (4) hour minimum ($1,400) applies.
Prepayment of the appearance day minimum and any anticipated additional days plus any fees and expenses owed or anticipated to Consultant (including outstanding fees owed by the opposing party) must be received by Consultant at least seven (7) business days prior to the date of trial. Consultant requires that Attorney facilitate payment of any outstanding deposition or other fees owed by opposing party or pay those fees.
4. Any Attorney who designates or discloses Consultant as an Expert Witness in any matter, or uses Consultant's name in conjunction with any legal proceeding without authorization from Consultant will be charged a fee of Three Thousand Five Hundred Dollars ($3,500) per occurrence. This fee is exclusive and separate from any other fee or payment that may be payable to Consultant. This fee is solely compensation for the unauthorized designation or disclosure of Consultant as an Expert Witness or other prohibited use of Consultant’s name. Payment in no way binds or otherwise obligates Expert to provide any service or undertake any work on Clients behalf.
5. In consideration of such retention and our mutual agreements, the parties agree that Consultant will provide the above services subject to any delays due to Acts of God, governmental action or any other causes beyond Consultant’s reasonable control. Consultant will: Formulate with honesty and due care, and truthfully express Consultant’s opinion(s) in those areas (and only those areas) where Consultant feels qualified to render an opinion and where Client has requested an opinion; however, Consultant is under no duty to provide or express opinions if Consultant is given time deadlines, or cost-based or other restrictions by Client that would not reasonably allow Consultant in good faith to formulate and express his opinions with reasonable care.
6. Client’s duties specifically include, but are not limited to: 1) Promptly providing Consultant with copies of or access to all non-privileged, arguably relevant documents and evidence in this matter; 2) Providing Consultant with prompt notice of any Daubert or Frye type motions, motions in limine, or other pretrial motions made by anyone to restrict, exclude or in any way limit Consultant’s testimony or participation in the underlying legal matter; 3) Being available as reasonably requested to meet with and prepare Consultant prior to anticipated/scheduled testimony; and 4) Promptly notifying Consultant of testimonial and other deadline dates. Consultant shall have the absolute right to withdraw from the case, without any liability, if Client violates any of the duties set forth above.
7. Client shall be solely responsible for payment for all work done and expenses incurred by Consultant:
8. Attorney will be billed as necessary to replenish the Retainer and/or to pre-pay for immediately anticipated work/expenses. If Attorney wishes Consultant to continue work, Attorney shall ensure such replenishment or pre-payment. In general, no work or travel will be done, reports or testimony provided, or expenses incurred unless sufficient funds are in the retainer. Any unused monies remaining in the replenished Retainer at the end of the case will be refunded. Fees may be increased 18 months after retention.
9. This Agreement, which constitutes the entire understanding between the parties, shall be construed under Pennsylvania law as if written by both parties and all services provided in Erie County, Ohio, where venue and jurisdiction shall lie for any controversy, claim or dispute arising out of or in connection with this matter. Any such controversy, claim or dispute shall be resolved through binding arbitration in Erie County, Ohio, in accordance with the then applicable rules of the American Arbitration Association. Any resulting arbitration award will be enforceable in any state or federal court, and the prevailing party shall be entitled to recover reasonable attorney’s fees and costs.
Client/Authorized Signer: _______________________________________
Print Name: _______________________________________
Firm Name: ______________________________________
City, State, zip: _____________________________________ Date: _________________________
Curtis Baillie, Consultant
Security Consulting Strategies, LLC
403 Indiana Avenue
Sandusky, Ohio 44870
Accepting Plaintiff's and Defense Cases