NOTE: THIS IS AN EXAMPLE OF THE CRAIG D. BALL, P.C. CONSULTING ENGAGEMENT AGREEMENT.
IT IS NOT FOR CLIENT COMPLETION.
All engagement agreements must be drafted by Craig D. Ball, P.C. No exceptions are made to this requirement. Further, no engagement is complete nor any confidential relationship created prior to execution of the engagement agreement AND in-hand receipt of the required engagement fee.
[Exemplar] Consulting Engagement Agreement
Consulting Engagement Agreement ("Agreement"), effective as of
the date stated in Schedule A hereto, is entered into by and between [LAW FIRM] (“Client”) as counsel in [MATTER] and Craig
D. Ball, P.C., a Texas Professional Corporation (“Ball”).
whose principal is a computer forensic examiner as well as an attorney licensed
in Texas and admitted to practice before all Texas courts, has expertise in the
areas of computer forensics and electronic discovery.
Client desires to engage Ball as a computer forensics and electronic evidence consultant
on the terms and conditions set forth herein.
consideration of the foregoing and of the mutual promises set forth herein, and
intending to be legally bound, the parties hereto agree as follows:
hereby engages Ball to render the consulting services described in Schedule A
hereto and such other services as may be agreed to by Client and Ball from time
hereby accepts the engagement to provide consulting services to Client on the
terms and conditions set forth herein.
shall serve as a consultant to Client in the activities of Client set forth in Schedule
A hereto or as otherwise requested by Client, by or through its members, agents,
employees, or consultants. Ball will perform such services under the general
direction of Client, but Ball determines the manner and means by which the
services are accomplished. Ball agrees to perform all duties to the best of
his professional ability. Subject to the other provisions of this agreement
and except as required by law, Ball and Client mutually agree to take
commercially reasonable steps to protect from disclosure to third parties
confidential and proprietary information exchanged in connection with this
Consulting Fees. Client agrees to pay Ball and Ball agrees to accept for
Ball’s services under this Agreement consulting fees as set forth in Schedule
A. Payment of consulting fees must be made within the number of days after
receipt of Ball’s invoice as set forth in Schedule A. Billable hours will
include time spent in transit for Client or otherwise in connection with this
engagement, provided however that such travel time will be billed at one-half
(50%) of the rate set out in Schedule A unless substantive work, research or
discussions in support of the engagement are performed while traveling, in
which case such activities will be billed at the full rates set out in Schedule
Notwithstanding any other provision herein, in the event
Ball is called to testify about any matters pertaining to this engagement or
services performed hereunder, Ball’s time spent in transit to and from,
preparation for, attendance upon and giving of such testimony shall constitute
consulting services for Client pursuant to this Agreement and, Client shall
compensate Ball for such time and associated expenses according to Schedule A
hereto. As used in this paragraph, “called to testify” includes, not by way of
limitation, testimony in court, grand jury or congressional testimony,
deposition, testimony, responding to or resisting interrogatories, responding
to or resisting requests for production or requests for admission, responding
to or resisting other forms of written discovery, production or appearance
pursuant to subpoena, and testimony by affidavit, attestation and/or sworn
statement. This provision shall survive termination of this Agreement.
Parties. In the event a third party (e.g., the person or
entity Client represents in this matter or any associated counsel) shall timely
pay or reimburse Ball for any of the activities described in this paragraph for
which Client is obligated to pay or reimburse Ball, Client shall be credited
with such payments received by Ball from the third party, up to the amount of
Client’s obligation hereunder.
Client causes a third party to pay Ball on its behalf, Ball will accept timely
payment from such third party in place of a direct payment; provided, however,
that Client remains solely responsible for paying Ball all fees and expenses
due under this Agreement in a timely manner and Ball shall not, in any event,
be obligated to recover any outstanding fees or expenses from third parties. Time
is of the essence in the payment of any invoice submitted to Client.
Legal Relationship. Ball is an independent contractor with respect to Client
and is not an employee or agent of Client. Ball does not serve as legal counsel
to those Client serves. Ball shall be entitled to no benefits or compensation
from Client except as set forth in this Agreement or by written amendment
hereto signed by the parties. This Agreement does not confer upon Ball a
share or interest in any attorney’s fee recovered by Client or its members. The
obligation to compensate and reimburse Ball timely and fully under this
Agreement is not contingent upon the outcome of any claim or action, upon
collection of monies from third parties or upon the opinions or testimony that
Ball may offer.
Expenses. Client agrees to reimburse Ball all costs and expenses
incurred in performing duties hereunder, including (not by way of limitation)
for the cost of travel and lodging, storage media and for tools, applications or
services specifically required by the engagement. Such reimbursement shall be
made within thirty (30) days of submission of a request for reimbursement.
Ball agrees to provide documentation of such costs and expenses upon request.
Confidentiality and Privilege Respecting Contraband Data
agrees to take commercially reasonable steps to protect the confidentiality of
information made available or furnished to him; however, Ball does not agree to
be bound by any confidentiality agreement or order absent express written
agreement after Ball’s review of such agreement or order and at Ball’s sole
discretion. Client agrees that if, during the course of this engagement, Ball
shall find within any electronic data or media evidence of child exploitation
(e.g., child pornography) or of a credible threat of physical harm to any
person, Ball shall be entitled to immediately bring such matters to the
attention of federal or state law enforcement authorities and that no assertion
of privilege, confidentiality or breach of contract will be raised as a bar to
Warranty of Lawful Access
warrants that any media tendered or made available to Ball for examination or
duplication and any access granted to any information, system or network was obtained
lawfully, in full compliance with all applicable statutes and regulations or orders
or policies of any court or agency of competent jurisdiction, and with due
regard for and deference to the property or privacy rights of third parties.
Client agrees to indemnify and hold Ball harmless from any claim or suit
alleging unauthorized or unlawful access to any information, media, system or
network, including all damages, expenses, liability, fines and attorney fees.
execution and tender of the specified engagement fee, this Agreement commences
on the date first written above and, unless modified by the mutual written
agreement of the parties shall continue until the earlier of the End Date set
out in Schedule A or, if no End Date is specified, for six months from the
effective date of this Agreement. Either Client or Ball may terminate this
Agreement upon 10 days written notice to the other. Upon termination of this
agreement, Ball shall be immediately entitled to payments for periods that
occurred prior to the date notice of termination is received and for which Ball
has not been paid, as well as for all time and expenses when “called to
testify” as hereinbefore described.
Consultant's Business Activities
the term of this Agreement and while Client is in good standing with respect to
monies owed under this agreement, Ball will engage in no representation of, or
consultation for the firms, entities or persons specified in the Forbearance of
Engagement clause in Schedule A where such activity is directly related to the
subject matter of the Engagement without obtaining the express consent of Client.
This provision will not oblige Ball to resist, and Ball may comply with, lawful
discovery efforts or an order or direction of any court of competent
jurisdiction. Neither this provision nor this engagement shall in any manner otherwise
limit or restrict Ball’s participation in consulting, teaching, writing,
lecturing, public speaking or continuing legal education activities.
to such other personal and professional commitments as Ball in his sole
discretion undertakes to complete, Ball shall devote such time, attention and
energy to the business and affairs of Client as requested by Client, and in any
event no less than the amount of time specified in Schedule A hereto.
either party hereto, or any heir, member, personal representative, successor or
assign of either party hereto, resort to litigation to enforce this Agreement,
the party or parties prevailing in such litigation shall be entitled, in
addition to such other relief as may be granted, to recover its or their
reasonable attorneys' fees and costs in such litigation from the party or
parties against whom enforcement was sought.
Agreement contains the entire understanding and agreement between the parties
hereto with respect to its subject matter and supersedes any prior or
contemporaneous written or oral agreements, representations or warranties
between them respecting the subject matter hereof.
Agreement may be amended only by a writing signed by Craig D. Ball and by a duly
authorized agent or representative of Client.
Agreement shall be construed in accordance with the law of the State of Texas,
which law shall govern actions arising hereunder. Any dispute arising
hereunder shall be brought and all parties agree to submit to personal
jurisdiction in a court of competent jurisdiction in Travis County, Texas.
Schedule A to Consulting Engagement Agreement
Client: [LAW FIRM]
of Consultant: Craig D. Ball, P.C.
of Consulting Period: Start Date: _________________
End Date: [Start
Date + 6 Mos.]
Minimum number of
hours to be performed during consulting period: ten (10)
Consultant: EXAMPLE: Assist Client with
electronic discovery issues; including, as needed, consultation re: selecting forms
of electronically-stored information (ESI) and negotiating a protocol therefor.
Consulting Fee for
Services Pursuant to this Agreement: Craig D. Ball, P.C.: $550.00/hour
of Engagement: Engagement in MATTER for current
named [Defense] counsel.
The cost of
archival, working and production media in computer forensics engagements is
billed at $.25/gigabyte (or any part thereof) of media capacity, unless the
actual cost of same exceeds $.25/gigabyte, in which case media may is billed at
Consulting Fees for work performed in a
month is customarily billed by e-mail on or after the last day of the month,
and payment of the Consulting Fees shall be made within 30 days after the
receipt of Consultant's invoice. Accounts overdue thirty days or more are
charged an additional service charge of 1.5% of the unpaid balance per month.
The costs of collection, including any attorney's fees and expenses, is added
to the invoice principal amount and is subject to the monthly service charge.
Consultant requires five thousand five
hundred dollars ($5,500.00) as non-refundable engagement fee be tendered with
Client Obligor’s execution of the Consulting Agreement. The engagement fee is
earned when received for forbearance of engagement but will be credited against
sums due and owing for consulting fees under the agreement and further sums may
be required as retainers when the engagement fee credit is exhausted (The
T.I.N. for Craig D. Ball, P.C. is 76-0345998; An executed W-9 follows).