|
AUSTIN CHILD CUSTODY SERVICES dba STATEMENT OF UNDERSTANDING Between _________________________________ [attorney] Functioning as a consultant to our firm/my practice, Dr. Austin will review a copy of the advisory report to the court (parenting time; parenting responsibility; and/or child custody evaluation) in connection with the matter of _________________________________ review any other records and/or data that are available, such as the evaluator’s forensic case file; and, on the basis of this information, will formulate an opinion concerning the evaluation process outlined in the report. It is understood that Dr. Austin, in offering his opinion, will provide his views of both the strengths and the deficiencies of the evaluator’s work. There is no implicit understanding that Dr. Austin’s task is confined to identifying deficiencies. The attorney may request Dr. Austin to prepare a report that describes the review of the evaluator’s evaluation for the purpose of presenting it to the Court in anticipation of Dr. Austin’s testimony. If, on the basis of the information available, it appears the evaluation was conducted appropriately and if it appears that the conclusions drawn follow logically from the information considered, Dr. Austin will so inform us, charge a fee for time expended, and offer no additional services, if that is the request of our firm. The hourly fee for this service of report and case file review is $200 per hour. If, in Dr. Austin’s view, there were significant errors in the methodology, data interpretation, formulation of conclusions and opinions, or other aspects of the evaluation and/or report and I/we wish Dr. Austin to assist in preparation for trial, assist at trial, prepare a written report of the work product review or offer expert testimony, these services will be made at the fees specified below. Dr. Austin will not attempt to conduct a re-evaluation. For that reason, if expert testimony is offered by Dr. Austin, it is understood he will not offer an opinion concerning alternative parenting arrangements. Any testimony offered by Dr. Austin will focus on his analysis of the evaluation that has already been done. While the analysis and potential critique of the evaluator’s work product and conclusions may appear to approach opining about the parenting arrangements that are most appropriate for the case, Dr. Austin will not be offering opinions or making specific recommendations about the family. Part of the review and report may, however, opine if the conclusions and opinions of the evaluator are justified by the data in the evaluation and methodology used to collect it. Dr. Austin holds licenses in Colorado and North Carolina. He offers testimony in other states only if doing so does not conflict with laws or licensing board recommendations in the states in which testimony has been sought. All services for review and consultation are provided at the rate of $200/hour. In calculating fees for services, no distinction is made between time expended in administrative matters and time expended in providing forensic psychological services. Fees are charged for time expended in any/all professional activities associated with the review process or arising from the review process. A retainer is required before services can be commenced. If fees exceed the amount of the retainer, I/we will billed and Dr. Austin may decline to perform additional services while fees for services already rendered are unpaid. If the retainer paid exceeds the fees charged, the unused portion of the retainer will be refunded. If testimony is requested, payment in advance of an amount likely to cover the fees associated with trial preparation, travel and associated expenses, waiting time, and testimony time will be sought and must be received before time will be reserved. Any document filed with the court in which Dr. Austin’s credentials are outlined and/or in which his anticipated testimony is described must be approved by Dr. Austin before it is filed. A minimum retainer for testimony is $3000 and may be higher depending on the circumstances involved in the case. If testimony is requested there is a minimum charge of $2000 for the day of the trial as the entire day will need to be reserved for the process of going to court. Travel days for consultation and testimony is billed at $2,000.00 per day. This generally will only apply to cases outside of Colorado. There will be charges for trial preparation including any time needed for "special research" related to issues in the case. I find these fees and provisions to be reasonable. A retainer payment in the amount of $ _________ , made payable to Dr. William G. Austin. I understand and agree with all of the above. _________________________________ Signature [attorney] _________________________________ |