Updated June 27, 2022
An expert witness retainer agreement is used when an attorney needs to reserve the services of a specialist to act as an expert witness in their case. During a trial or deposition, it is not uncommon to call upon a specialist to contribute evidence and testify to strengthen a case. By using a retainer agreement, the attorney can guarantee that the specialist will perform the services of an expert witness while the specialist is guaranteed reasonable compensation. The expert witness may also be offered an advance retainer fee, in addition to the payment of related expenses. To avoid any possible dispute, the agreement should clearly state all services that the specialist is required to perform.