Vanguard Consulting, LLC
Litigation Consulting Agreement
We appreciate your decision to retain Vanguard Consulting, LLC as your litigation consultants. Our engagement is limited to the matter identified and the letter to which these terms of engagement are attached.
This Agreement is made effective as of ______by and between ______and Vanguard Consulting, LLC at Montgomery, Alabama.
In this Agreement, the party who is contracting to receive services shall be referred to as "Client," and the party who will be providing the services shall be referred to as "Consultant." Consultant has a background in forensic counseling, psychology, and related services and is willing to provide services to Client based on this background. Client desires to have services provided by consultant. Therefore, parties agree as follows:
  1. DESCRIPTION OF SERVICES
Beginning on ______, the Consultant will provide the following generally described services (collectively, the Services"):
Forensic Psychological and Investigative Services
Services available include, but are not inclusive of, review of medical, psychological, counseling, Social Security, and/or School record files, other testimony, autopsy/crime scene reports (or in vivo or via electronic media), and other evidence available; answering specific counseling/psychological questions asked by Client; meeting with Client (or their designee/charge/client) to provide interviewing, testing, and other services as deemed necessary to determine the case questions/needs as laid out by the Client. These services may include, but not be limited to, research, analysis, testing, inspection, review of materials, interviews, home study, report preparation, mitigation, expert testimony in depositions and trial proceedings if necessary, reading and correction of deposition transcript, and review and signing of affidavits and similar documents.
  1. PERFORMANCE OF SERVICES
The manner in which the Services are to be performed, and the specific hours to be worked by Consultant shall be determined by Consultant. Client will rely on Consultant to work as many hours as may be reasonably necessary to fulfill Consultant's obligations under this Agreement.
NOTE: If a Court Order limits the number of hours Consultant may work on a given case and when those hours have been reached without completion of the Consultant's role, Client and Consultant will work together to determine the amount of work remaining and the Client will petition the court for additional funds and will forward the addendum to the Consultant so work may continue.
  1. FEE SCHEDULE AND PAYMENT TERMS
Please see Appendix A of the Agreement entitled Fee Schedule and Payment Terms.
  1. NEW PROJECT/CASE APPROVAL
Consultant and Client recognize that Consultant's Services will include working on various phases of a project/case for Client. Consultant shall obtain the approval of Client prior to the commencement of a new phase/task not previously discussed (e.g., IQ testing).
  1. TERMINATION
Either party, through written notice to the other party, may terminate this Agreement at any time. However, the terms of the Agreement shall remain in effect until all obligations as outlined in this Agreement are fulfilled (e.g., documents, equipment or other materials referenced in Paragraph 10 are returned to Client; all outstanding invoices are paid in full to Consultant, etc.).
  1. RELATIONSHIP OF PARTIES
It is understood by the parties that Consultant is an independent contractor with respect to Client, and not an employee of Client. Client will not provide fringe benefits, including health insurance benefits, paid vacations, or any other employee benefit, for the benefit of the Consultant.
  1. DISCLOSURE
Consultant is required to disclose any outside activities or interests, including ownership or participation in the development of prior inventions, that conflict or may conflict with the best interests of Client. Prompt disclosure is required under this paragraph if the activity or interest is related, directly or indirectly, to any activity that Consultant may be involved with on behalf of client.
  1. ASSIGNMENT
Consultant's obligations under this Agreement may not be assigned or transferred to any other person, firm, or corporation without the written consent of Client.
  1. CONFIDENTIALITY
Consultant recognizes that Client has and will have the following types of information including, but not limited to, products, future plans, business affairs, process information, trade secrets, technical information, customer lists, product design information, and other proprietary information (collectively "Information"), which are valuable, special, and unique assets of Client and need to be protected from improper disclosure. In consideration for the disclosure of the information, Consultant agrees that Consultant will not in any time or in any manner, either directly or indirectly, use any information for Consultant's own benefit, or divulge, disclose, or communicate in any manner any information to any third party without the prior written consent of Client. Consultant will protect the information and treat it as strictly confidential. A violation of this paragraph shall be a materiel violation of this Agreement.
Conversely, Client recognizes the previous paragraph to apply to the Consultant.
  1. RETURN OF RECORDS
Upon termination of this Agreement, Consultant shall deliver all records, notes, data, memoranda, models, and equipment of any nature that are in Consultant's possession or under Consultant's control and that are Client's property or relate to Client's business. A verbal agreement made be made if Client does not want/need records returned. In this case, Consultant will retain records for 3 years.
NOTE: Psychological testing and raw data will not be released under the APA ethical guidelines pertaining to release of this sensitive data. Release of these products will be by court order only. Be advised Consultant's counsel will request any such request to be quashed/denied.
  1. MISCELLANEOUS ISSUES
We will provide our services as consultants in accordance with this Agreement. Client will provide such factual information and materials as are required to perform the services identified in the engagement letter. We will keep you advised of developments as necessary to ensure the timely, effective, and efficient completion of our work.
Regarding the ethics of the profession that will govern our behavior, several points deserve emphasis. As a matter, your client(s) (or yourself), this obligation, and the legal privilege for our communications exist to encourage candid and complete communication. We can perform truly beneficial services for a client only if we are aware of all information that might be relevant to our work as Consultants. Consequently, we trust that our relationship with you will be based on mutual confidence and unrestrained communication that will facilitate our proper service to you. If an assessment is court ordered, however, there no longer remains legal privilege (please request to see Limits of Confidentiality Form).
We may be (and sometimes are) asked to represent a client with respect to interests that are adverse to those of another client who we represent in connection with another matter. During the term of this agreement, we agree that we will not accept representation of another client to pursue interests that are directly adverse to your interests unless and until we have made full disclosure to you of all the relevant facts, circumstances, and implications of our undertaking two representations and you have consented to our representation of the other client. In turn, you agree that you will be reasonable in evaluating such circumstances and you will give your consent if we can confirm to you in good faith that the following criteria are met:
1.There is no substantial relationship between any matter in which we are serving you and the matter for the other client.
2.Our delivery of professional services to the other client will not implicate any confidential information that we have received from you.
  1. Our work for you and the discharge of our professional responsibilities to you will not be prejudiced by the other client, for the other client has also consented in writing based on full disclosure of the relevant facts, circumstances, and implications of our undertaking the two representations.
  1. ENTIRE AGREEMENT
This Agreement, including Appendix A (Fee Schedule and Payment Terms), contains the entire Agreement of the parties and there are no other promises or conditions in any other Agreement whether oral or written. This Agreement supersedes any prior written or oral Agreements between the parties.
  1. AMENDMENT
This Agreement may be modified or amended if the amendment is made in writing and is signed and dated by both parties.
  1. SEVERABILITY
If any provision of the Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
  1. WAIVER OF CONTRACTUAL RIGHT
The failure of either party to enforce any provision of the Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of the Agreement.
  1. APPLICABLE LAW
Laws of the State of Alabama shall govern this Agreement.
  1. VENUE
The venue for the below signed Agreement is Montgomery County, Alabama.
Party Receiving Services:
Name/Firm______
Address______
C/S/Z______
BY:______
Title:______DATE:______
Party Providing Services:
Vanguard Consulting, LLC
Montgomery, AL 36117
(334) 220-6242
BY:______
Title:______DATE:______