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I need some feedback on this letter I drafted. Also, should I make the assumption that a non-response from the Plaintiff signifies consent of the charges or should it be that he must agree in writing. I am afraid that he might not respond, yet I have to respond to the subpoena or I will be in contempt of court. Here is my draft letter:
Dear [insert patient name]
This letter confirms that you have summoned me to serve as an expert witness in connection with the following matter:
[insert case name], Case No. [insert case number], pending before the 18th Judicial Circuit Court for the County of Dupage, IL.
This letter confirms our agreement that I will provide such services to you as an independent professional. Payment to me for the services I provide is not dependent upon my findings, nor on the outcome of any legal action, mediation, arbitration, or the amount or terms of any settlement of the underlying legal cause, nor on any contractual arrangement between you and any other person or party.
You agree to compensate me for services rendered as follows:
Fees for my services: Except as outlined herein, I shall be paid by you at the rate of $300.00 per hour, with a minimum non-refundable charge of $1200, for all tasks performed under this agreement, including but not limited to analysis, calculations, conclusions, preparation of reports, and necessary travel time. Fees will be billed by the tenth of an hour, with a minimum charge for any discrete task of two tenths of an hour. For testimony at deposition or trial, I shall be paid at the rate of $400.00 per hour, to be billed in hourly increments. This rate for testimony shall apply both while I am waiting to give testimony, whether at an office or court, and for time taken for breaks or meals, as well as for time spent actually giving testimony.
Additionally, you agree to reimburse me for expenses as follows:
You are responsible for all payments as outlined in this contract, regardless of any arrangement you may have with any other party or parties. The payment will be due in its entirety within 24 hours of the trial date.
This agreement shall be interpreted under the laws of the State of Illinois. Any litigation under this agreement shall be resolved in the trial courts of Dupage County, State of Illinois.
You may cancel this agreement with a 24 hours advanced notice of the court date of xxx Failure to contact us prior to xxx, will signify your consent to these charges.
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