How an engagement begins

1. 01

   You review the practice

   Read the domains of opinion and the forms of engagement for the relevant practice area, and the experience and testimony history. These pages exist so that you can determine, before making contact, whether the subject matter falls within areas on which I am qualified to opine.

2. 02

   You make contact; I review and check conflicts

   Send a brief description of the matter: the parties, the jurisdiction, the nature of the claim or question, and any deadlines. Do not send case materials at this stage. Unsolicited privileged material can create a conflict that prevents retention.

   I then confirm three things:

   • That the subject falls within my areas of opinion
   • That no conflict exists
   • That I have capacity within your timeline

   Every prospective engagement is reviewed for appropriateness against my expertise and experience, and for conflicts of interest. An inquiry may be declined because it falls outside my areas of opinion, because a conflict exists, or because the opinion sought is one the available record would not support.

3. 03

   We hold an initial consultation

   A scheduled conversation to establish scope: what question needs answering, what record exists, what methods would apply, and what the work would involve. The conversation is time-limited and is for scoping only. No opinion on the merits is offered or formed before an agreement is executed.

   Legal, government, academic and non-profit

   No chargeUp to 30 minutes. Law firms, public agencies, universities, and research institutes.

   Commercial

   $500 flatUp to 60 minutes. Companies seeking product input or scoping a commercial advisory engagement. Credited against the first invoice if an agreement is executed.

4. 04

   I prepare a letter of agreement

   If we both wish to proceed, I draft a letter of agreement for your review. The standard form is provided on request, so the terms can be read before anything is signed.

   • Scope of work and the questions to be addressed
   • Rates, and retainer where applicable
   • Invoicing, payment terms, and cancellation
   • Confidentiality and handling of materials
   • Ownership of work product and of underlying data
   • Obligations relating to disclosure and testimony
   • Conditions of withdrawal

   Fees are never contingent on the outcome of a matter or on the content of an opinion.

   Request the standard letter of agreement
5. 05

   Work proceeds on the executed agreement

   Once the agreement is signed and any retainer received, work begins and continues to completion of the defined scope. Changes to scope are agreed in writing before the additional work is undertaken.

   Where analysis does not support the position of the retaining party, that is reported plainly and promptly. It is not a basis for withdrawal, and it does not alter the fee.

Make contact

Do not send case materials with an initial inquiry. Describe the matter in general terms only. Unsolicited privileged or confidential material may create a conflict that prevents retention. Documents should be exchanged only after a conflicts check is complete.