retainer asked to be removed from contract

[SLTA]

Ok folks.

I'm doing my first expert witness case, hired by the same client for whom I did the original investigation, which started the lawsuit ball rolling. I know the client, and he pays his bills on time. The contract I drew up for expert witness services (and had reviewed by my lawyer) calls for a retainer and the client has asked that the retainer be removed. He's said he's ready to pay my bills right now for the hours spent since the investigation contract closed.

Is there any reason I shouldn't agree to removing the retainer?

 

[msquared48]

Sounds fishy to me. Retainer is normal for me, especially in the case of expert witnessing. I would consult your lawyer on any possible ramifications on this before possibly agreeing to it.

At the very least, I would instill a clause that bills would be submitted monthly and would be payable within 10 days of the bill date, or it could "delay" your involvement in the case, if you know what I mean.

Mike McCann
MMC Engineering

 

[cranky108]

He may be concerned that the case will be dismissed, and would still have to pay you for work you were not required to do.

 

[Ron]

slta....this is ok....
When you are already working for a client, the retainer is optional when it goes to litigation. If you feel comfortable that the client will pay, then remove the provision.

Retainers are sometimes difficult for some clients to understand. Lawyers understand them...no problem. Others feel they are paying for something they don't yet have. Understandable from upstanding clients....but beware, of course.

If you ask for a retainer, make it clear that you will bill against the retainer until, say, half of the retainer is left. You will then bill directly and the final retainer amount will be applied to the LAST invoice. This protects you from the issues that Mike noted.

Fun stuff, huh?

 

[SLTA]

Thanks, everybody. Mike, the client actually suggested the exact setup you did, so I feel comfortable backing off the retainer requirement. Ron, cheers, as always. I just wanted to make sure I wasn't missing something crucial.

cheers!