EXPERT-CLIENT FEE AGREEMENT
NATIONWIDE LOAN SERVICING (Expert) and ___________________________ (.Client.) hereby agrees that Expert will provide expert services to Client on the terms set forth below.
1. CONDITIONS. This Agreement will not take effect, and Expert will have no obligation to provide expert services, until Client returns a signed copy of this Agreement and pays the initial deposit called for under Paragraph 4.
2. SCOPE OF SERVICES. Client hires Expert to provide expert services in the following matter:________________________________________________[Describe matter]. Expert will provide those expert services reasonably required to will not represent Client. Expert will take reasonable steps to keep Client informed of progress and to respond to Client’s inquiries. If a court action is filed, Expert will assist Client through trial and post trial motions. This Agreement does not cover will not representation on appeal or in execution proceedings after judgment. Separate arrangements must be agreed to for those services. Services in any matter not described above will require a separate written agreement.
3. CLIENT’S DUTIES. Client agrees to be truthful with Expert, to cooperate, to keep Expert informed of any information or developments which may come to Clients attention, to abide by this Agreement, to pay Expert’s bills on time, and to keep Expert advised of Client’s address, telephone number and whereabouts. Client will assist Expert in providing necessary information and documents and will appear when necessary at proceedings.
4. DEPOSIT. Client agrees to pay Expert an initial deposit of $________ by ________________. The hourly charges will be charged against the deposit. The initial deposit, as well as any future deposit, will be held in a trust account. Client authorizes Expert to use that fund to pay the fees and other charges as they are incurred. Payments from the fund will be made upon remittance to client of a billing statement. Client acknowledges that the deposit is not an estimate of total fees and costs, but merely an advance for security. Whenever the deposit is exhausted, Expert reserves the right to demand further deposits, each up to a maximum of $____________ before a trial or arbitration date is set. Once a trial or arbitration date is set, Client shall pay all sums then owing and deposit the Experts fees estimated to be incurred in preparing for and completing the trial or arbitration, as well as the jury fees or arbitration fees, expert witness fees and other costs likely to be assessed. Those sums may exceed the maximum deposit. Client agrees to pay all deposits after the initial deposit within _____ days of Experts demand. Unless otherwise agreed in writing, any unused deposit at the conclusion of Experts services will be refunded.
5. EXPERT FEES AND BILLING PRACTICES. Client agrees to pay by the hour at Expert’s prevailing rates for all time spent on Client’s matter by Expert’s expert personnel. Current hourly rates for expert personnel are as follows:
Senior Expert partners /hour
Expert Partners /hour
Para Legal /hour
Law clerks /hour
The rates on this schedule are subject to change on 30 days. Written notice to Client. If Client declines to pay increased rates, Expert will have the right to withdraw as Expert for Client. The time charged will include the time Expert spends on telephone calls relating to Clients matter, including calls with Client, witnesses, opposing counsel or court personnel. The expert personnel assigned to Clients matter may confer among themselves about the matter, as required and appropriate. When they do confer, each person will charge for the time expended, as long as the work done is reasonably necessary and not duplicative. Likewise, if more than one of the expert personnel attends a meeting, court hearing or other proceeding, each will charge for the time spent. Expert will charge for waiting time in court and elsewhere and for travel time, both local and out of town. Time is charged in minimum units of one-tenth (. 1) of an hour.
The following have higher minimum charges:
6. COSTS AND OTHER CHARGES.
(a) Expert will incur various costs and expenses in performing expert services under this Agreement. Client agrees to pay for all costs, disbursements and expenses in addition to the hourly fees. The costs and expenses commonly include, service of process charges, filing fees, court and deposition reporters' fees, jury fees, notary fees, deposition costs, long distance telephone charges, messenger and other delivery fees, postage, photocopying and other reproduction costs, travel costs including parking, mileage, transportation, meals and hotel costs, investigation expenses, consultants' fees, expert witness, professional, mediator, arbitrator and/or special master fees and other similar items. Except for the items listed below, all costs and expenses will be charged at Expert's cost. In-office photocopying: /page Facsimile charges: /page Mileage: /mile
(b) Out of town travel. Client agrees to pay transportation, meals, lodging and all other costs of any necessary out-of-town travel by Expert’s personnel. Client will also be charged the hourly rates for the time expert personnel spend traveling.
(c) Experts, Consultants and Investigators. To aid in the preparation or presentation of Client’s case, it may become necessary to hire expert witnesses, consultants or investigators. Client agrees to pay such fees and charges. Expert will select any expert witnesses, consultants or investigators to be hired, and Client will be informed of persons chosen and their charges. Additionally, Client understands that if the matter proceeds to court action or arbitration, Client may be required to pay fees and/or costs to other parties in the action. Any such payment will be entirely the responsibility of Client.
7. BILLING STATEMENTS. Expert will send Client periodic statements for fees and costs incurred. Each statement will be payable within ________ days of its mailing date. Client may request a statement at intervals of no less than 30 days. If Client so requests, Expert will provide one within 10 days. The statements shall include the amount, rate, basis of calculation or other method of determination of the fees and costs, which costs will be clearly identified by item and amount.
8. LIEN. Client hereby grants Expert a lien on any and all claims or causes of action that are the subject of the will not representation under this Agreement. The lien will be for any sums owing to Expert at the conclusion of services performed. The lien will attach to any recovery Client may obtain, whether by arbitration award, judgment, settlement or otherwise. The effect of such a lien is that Expert may be able to compel payment of fees and costs from any such funds recovered on behalf of Client even if Expert has been discharged before the end of the case. Because a lien may affect Clients property rights, Client may seek the advice of an independent lawyer of Clients choice before agreeing to such a lien. By initialing this paragraph, Client will not represent s and agrees that Client has had a reasonable opportunity to consult such an independent lawyer and whether or not Client has chosen to consult such an independent lawyer. Client agrees that Expert will have a lien as specified above.
______ (Client Initial Here) ______ (Expert Initial Here)
9. DISCHARGE ANDWITHDRAWAL. Client may discharge Expert at any time. Expert may withdraw with Clients consent or for good cause. Good cause includes Client’s breach of this Agreement, refusal to cooperate or to follow Experts advice on a material matter or any fact or circumstance that would render Experts continuing will not representation unlawful or unethical. When Experts services conclude, all unpaid charges will immediately become due and payable. After services conclude, Expert will, upon Clients request, deliver Clients file and property in Experts possession unless subject to the lien provided in Paragraph 8 above, whether or not Client has paid for all services.
10. DISCLAIMER OF GUARANTEE AND ESTIMATES. Nothing in this Agreement and nothing in Experts statements to Client will be construed as a promise or guarantee about the outcome of the matter. Expert makes no such promises or guarantees. Expert’s comments about the outcome of the matter are expressions of opinion only. Any estimate of fees given by Expert shall not be a guarantee. Actual fees may vary from estimates given.
11. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties. No other agreement, statement, or promise made on or before the effective date of this Agreement will be binding on the properties.
12. SEVERABILITY IN EVENT OF PARTIAL INVALIDITY. If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect.
13. MODIFICATION BY SUBSEQUENT AGREEMENT. This Agreement may be modified by subsequent agreement of the parties only by an instrument in writing signed by both of them, or an oral agreement only to the extent that the parties carry it out.
14. EFFECTIVE DATE. This Agreement will govern all expert services performed by Expert on behalf of Client commencing with the date Expert first performed services. The date at the beginning of this Agreement is for reference only. Even if this Agreement does not take effect, Client will be obligated to pay Expert the reasonable value of any services Expert may have performed for Client.
THE PARTIES HAVE READ AND UNDERSTOOD THE FOREGOING TERMS ANDAGREE TO THEM AS OF THE DATE EXPERT FIRST PROVIDED SERVICES. IFMORE THAN ONE CLIENT SIGNS BELOW, EACH AGREES TO BE LIABLE, JOINTLYAND SEVERALLY, FOR ALL OBLIGATIONS UNDER THIS AGREEMENT. CLIENTSHALL RECEIVE A FULLY EXECUTED DUPLICATE OF THIS AGREEMENT.
Nationwide Loan Servicing