Fee Agreement & Scope of Retention (Forensic)

Effective Date: [date]

Version: [version number]

Practitioner: [name, credentials, license number/state, practice entity]

Contact: [address, phone, email]

Case/Matter: [case name/style, docket number, jurisdiction; enter "TBD" if pending]

Examinee(s): [name(s) and role(s)]

(If any required field is unknown at execution, enter "TBD" and obtain a written addendum before scope, deadlines, or billing are affected. Do not infer jurisdiction, case identifiers, psycholegal questions, or whether the role is testifying vs consulting.)

1. Parties & Engagement

Client Definition: Client is [attorney/law firm on behalf of party / agency / insurer / court / other]. (State explicitly. Identify payor if different from Client.)

Examinee Is Not the Client: The examinee is not the Client and no clinician-patient relationship is established, unless explicitly designated in writing.

Role Retained: Practitioner is retained as [expert witness (testifying) / consulting expert (non-testifying) / forensic examiner/evaluator / records reviewer]. (If unclear, default to consultation only until amended in writing.)

Objectivity: Opinions will be independent and based on professional methods and available information; they are not contingent on the desired legal outcome.

Role Boundaries: The practitioner is not a treating clinician, does not provide therapy or emergency coverage, and does not provide legal advice.

2. Scope of Services

Psycholegal Question(s): [legal question(s), applicable standard, timeframe at issue, population/context] (Questions must be confirmed in writing; do not infer from documents alone.)

Included Services (select applicable):

• Records review [categories/volume if known]
• Interview(s) of examinee [in-person / telehealth / hybrid]
• Psychological/psychometric testing [tests if specified]
• Collateral interviews (Require prior written approval and contact information from Client.)
• Case consultation with counsel/team
• Report writing [comprehensive / focused / letter format]
• Deposition/trial preparation and testimony

Explicit Exclusions:

• Treatment/therapy or emergency coverage
• Medical advice or medication management
• Legal advice
• Work outside the confirmed psycholegal question(s)
• Unlimited revisions beyond agreed parameters

Dependencies:

• Timely receipt of complete records and materials
• Signed releases/authorizations and court orders as applicable
• Scheduling access to examinee and collateral sources
• Interpreter or accommodation arrangements (Client to arrange unless otherwise agreed.)

(Timelines and opinions may change if materials are incomplete, late, or updated.)

Anticipated Deliverables:

• Oral consultation summary [recipient and method]
• Written report [drafts provided: yes / no; revision rounds: number/limits]
• Addendum(s) (Triggered by new material or clarification request.)
• Declaration/affidavit (If requested and appropriate.)
• Testimony appearances [deposition / hearing / trial]

3. Fees & Payment

Fee Schedule (hourly unless otherwise indicated):

• Records review: [rate]
• Evaluation/interviews/testing: [rate]
• Report writing: [rate]
• Consultation with counsel: [rate]
• Deposition testimony: [rate] (minimum: [hours])
• Trial testimony: [rate or flat session rate] (minimum: [hours])
• Travel: [portal-to-portal rate] plus expenses
• Billing increment: [0.1 hr / 0.25 hr]

Retainer: Amount: [amount]. Due: [date or milestone]. (Work may pause when retainer is depleted until replenished.)

Reimbursable Expenses: [travel, test materials, copying, secure transmission, interpreter fees, facility fees as applicable]

Payment Terms: Invoicing [cadence], payment due [net days], accepted methods [list]. Late payments may incur [late fee rate/interest] starting [trigger date].

Cancellation/Standby Policies:

• Interviews/evaluations: Cancellation with [business days] notice; otherwise [fee or minimum hours]
• Depositions: Cancellation with [business days] notice; otherwise [minimum testimony charge]
• Trial/hearing: Cancellation with [business days] notice; otherwise [minimum day rate]
• Standby/wait time: Billed at [rate] after [grace period] while on call or at venue

No Contingent Fees. Fees are not contingent on case outcome. If letters of protection or deferred payment are accepted: [conditions, escrow/guarantor requirements, timelines]. Payment remains not outcome-dependent.

4. Confidentiality & Records

Confidentiality and Work Product: In forensic contexts, privacy expectations differ from therapy. The practitioner's duty of confidentiality is to the Client/retaining party within applicable law and court orders. Authorized recipients: [names/roles].

Subpoena/Court Order Procedure: Upon receipt, the practitioner will promptly notify the retaining party, verify validity, and produce only as authorized by the Client or as required by law. The Client may seek a protective order through counsel.

Record Retention: Records will be retained for [years] after [final invoice / final testimony / matter closed] and securely destroyed by [method]. (Extend for ongoing litigation or legal hold.) Governing rule: [state law / professional board standard / organizational policy]. (Note: HIPAA does not specify medical record retention periods.)

(Depending on jurisdiction and engagement role, materials considered, notes, testing data, billing records, and communications may be subject to discovery.)

5. Informed Consent & Notification

(Complete this section if direct evaluation occurs; mark "N/A—records review only" if no examinee contact.)

Notification Content: The practitioner will inform the examinee of: nature and purpose of evaluation; who retained the practitioner and intended use; who will receive the report; limits on confidentiality/privilege; [court-ordered / voluntary] status and consequences of declining or non-cooperation.

Consent Requirements:

• Court-ordered examinations: Notification provided; consent not required
• Voluntary examinations: Informed consent required prior to proceeding
• Records-review only: N/A—no direct examinee contact

(This section describes the notification process; the examinee notification/consent form is a separate document.)

6. Terms & Signatures

Engagement Completion: The engagement is complete upon [final report delivery / completion of testimony / written notice matter is closed], unless otherwise agreed.

Termination by Client: Requires written notice; Client remains responsible for fees and expenses incurred through date of termination.

Withdrawal by Practitioner: May occur for nonpayment, noncooperation, ethical conflicts, or requests requiring violation of professional obligations. Practitioner will provide notice and reasonable opportunity to cure where appropriate.

Scope Changes: New psycholegal questions, additional examinees, new testing, or additional testimony events require prior written authorization and may necessitate revised fee estimate or retainer.

Signatures:

Practitioner Signature: ______________   Date: ______________

Retaining Party Authorized Signatory: ______________   Date: ______________
Printed Name/Title: ______________

(Optional attachments: Fee Schedule (Exhibit A), Record Retention Policy (Exhibit B))