FR EA

Contract analysis

Clause-by-clause risk read on any document of the firm. Pick a contract, or open any document from a matter.

Contract analysis / expert-retention-letter-whitmore.docx
expert-retention-letter-whitmore.docx
1035-00001 · 10 clauses
High · 0 Medium · 5 Standard · 3
1. Introduction and Engagement Overview Medium
⚑ Liability cap to check against exposure
1. Introduction and Engagement Overview I am Conrad Ashby, a Partner in the White Collar & Investigations practice of Calderwood & Harkness LLP. I write on behalf of the firm and our client, Marguerite D. Fonseca, to formally confirm the terms of your retention as a forensic psychiatric expert in support of the defense's sentencing advocacy in the above-captioned matter. We appreciate the time you took to discuss thi
2. Background on the Client and the Case Standard
⚑ Commercial term
2. Background on the Client and the Case To provide you with the context necessary for your evaluation, the following is a summary of relevant background information concerning Ms. Fonseca and the underlying case. Additional detail will be provided through the materials described in Section 4 of this letter, as well as through your own clinical evaluation. Personal History. Marguerite D. Fonseca was born in Sacrament
3. Scope of Retention and Services Medium
⚑ Notice / time limit to track
3. Scope of Retention and Services The scope of your retention encompasses the following areas of work. We anticipate that you will exercise your independent professional judgment in determining the specific clinical methodology appropriate for this evaluation, and we welcome your recommendations regarding any additional areas of inquiry that you believe would be clinically appropriate. 3.1 Forensic Psychiatric Evalu
4. Materials to Be Provided Medium
⚑ Confidentiality undertaking
4. Materials to Be Provided Calderwood & Harkness will arrange to provide you with the following materials in connection with your evaluation, subject to applicable protective orders entered by the Court and the confidentiality protocols described in Section 7 of this letter: (a) The Presentence Investigation Report ("PSR"), disclosed by United States Probation Officer Michael T. Brennan on November 3, 2025; (b) The
5. Coordination with Other Experts Standard
⚑ Commercial term
5. Coordination with Other Experts Your work will be coordinated with the broader defense sentencing team, which includes, in addition to counsel, the following retained experts and consultants: (a) Dr. Sandra Oleander of Thornfield Mitigation Consulting LLC (mitigation specialist), who is preparing a comprehensive social history and mitigation report based on an independent investigation that includes extensive inte
6. Fees and Billing Standard
⚑ Commercial term
6. Fees and Billing The following fee schedule shall apply to your services in connection with this retention: Consultation and Report Preparation: $850.00 per hour, billed in increments of one-tenth of an hour (six-minute increments), for all time spent on clinical interviews with Ms. Fonseca, collateral interviews, review and analysis of records and materials, administration and interpretation of psychometric instr
7. Confidentiality and Privilege Medium
⚑ Confidentiality undertaking
7. Confidentiality and Privilege All communications between you and Calderwood & Harkness LLP, and all materials prepared by you in connection with this retention, are intended to be protected by the attorney-client privilege and/or the work product doctrine. The substance of your evaluation, your preliminary findings, draft reports, notes, and all other work product generated in connection with this matter are confi
8. Independence and Professional Obligations
8. Independence and Professional Obligations You are retained as an independent expert, and you are expected to render opinions based solely on your professional judgment, your clinical expertise, and the facts as you find them through your evaluation. Nothing in this retention letter should be construed as directing you to reach any particular conclusion or to render any particular opinion. We value your independenc
9. Term and Termination Medium
⚑ Liability cap to check against exposure
9. Term and Termination This engagement commences on November 25, 2025, and shall continue through the completion of the sentencing hearing, currently scheduled for March 6, 2026, and any post-sentencing matters requiring your involvement, including but not limited to any proceedings on post-sentencing motions, unless earlier terminated as provided herein. Either party may terminate this engagement upon written notic
10. Acceptance and Counterparts
10. Acceptance and Counterparts We ask that you indicate your acceptance of the terms set forth in this letter by signing in the space provided below and returning a signed copy to my attention at the address set forth in the letterhead. An executed copy may be returned by hand delivery, mail, facsimile, or electronic transmission (PDF), and will be effective upon receipt. This letter constitutes the entire agreement