RETAINER AGREEMENT
ALL CASES
Effective Starting March 1, 2024
 
The following are the rates and terms by which Diaz & Company agrees to be retained to provide Vocational Expert Witness services on all cases:
 
TERM OF AGREEMENT
The term of this Agreement (the "Term") will begin on the date of this Agreement and will remain in full force and effect until the completion of the Services, subject to earlier termination as provided in this Agreement.
 
In the event that either Party wishes to terminate this Agreement Prior to the completion of the Services, the party can do so immediately by serving written notice on the other Party, subject to additional provisions as provided in this Agreement.
 
PERFORMANCE
The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
 
DEFINITIONS
For the purposes of this Agreement, the following terms shall have the following meanings, unless the context clearly requires otherwise:
 
a)
"Client" shall mean the retaining party, its agents, employees, or authorized persons.
b)
"Contractor" shall mean Diaz & Company, Frank P. Diaz, its agents, employees, or authorized persons.
c)
"Paraprofessional" shall mean individuals, agents, employees, or authorized persons who do not have professional qualifications, including, but not limited to, clerical staff and support staff.
d)
"Professional" shall mean Frank P. Diaz and/or other persons individually and currently, at the time of execution of this Agreement, qualified as vocational experts.
e)
"Services" shall mean activities undertaken for the purpose of developing vocational expert evidence, testimony, and/or reports, including, but not limited to, correspondence with Client; correspondence with opposing party; vocational evaluation; vocational re-evaluation; vocational testing; vocational test scoring; receiving, sorting, scanning, reviewing, and summarizing medical and legal documentation; and clerical activities necessary for the development and/or production of vocational expert evidence, testimony, and/or reports.
COMPENSATION
1. WORKERS COMPENSATION CASES:
 
a.
The Contractor will charge the Client for the Services at the rate of $250.00 per hour (the "Compensation") for all Services (paraprofessional or professional) requested that require Completion within sixty (60) days or more from the date of execution of this Agreement ("Non-Rush Services").
b.
The Contractor will charge the Client for the Services at the rate of $300.00 per hour (the "Compensation") for all Services (paraprofessional or professional) requested that require Completion within thirty (30) days or less from the date of execution of this Agreement ("Rush Services").
c.
For Non-Rush Services, a deposit of $2,000.00 (the "Deposit") is payable by the Client upon execution of this Agreement. Client is made aware and accepts that Contractor will not begin work until the Deposit is paid in full.
d.
For Rush Services, a deposit of $3,000.00 (the "Deposit") is payable by the Client upon execution of this Agreement. Client is made aware and accepts that Contractor will not begin work until the Deposit is paid in full.
e.
For all remaining amounts, the Contractor will invoice the Client when the Services are complete.
f.
Invoices submitted by the Contractor to the Client will be (1) immediately served on the opposing party, if service is required for Contractor to receive payment for all remaining amounts; (2) subject to payment in full by the Client within sixty (60) calendar days of receipt by Client, if payment in full has not been received by Contractor from the opposing party, regardless of reason; and (3) subject to payment in full within sixty (60) calendar days of receipt by the Client for all remaining amounts not paid to Contractor by the opposing party, regardless of the reason.
g.
In the event this Agreement is terminated by the Client prior to completion of the Services but where the Services have been partially performed, the Contractor will be entitled to and the Client shall make immediate payment in full of the Compensation to the date of termination, provided that there has been no breach of the Term of Agreement on the part of the Contractor.
2. CIVIL/PERSONAL INJURY/LONGSHORE CASES:
 
a.
The Contractor will charge the Client for the Services at the rate of $350.00 per hour (the "Compensation") for all Services (paraprofessional or professional) requested that require Completion within sixty (60) days or more from the date of execution of this Agreement ("Non-Rush Services").
b.
The Contractor will charge the Client for the Services at the rate of $400.00 per hour (the "Compensation") for all Services (paraprofessional or professional) requested that require Completion within thirty (30) days or less from the date of execution of this Agreement ("Rush Services").
c.
For Non-Rush Services, a deposit of $2,500.00 (the "Deposit") is payable by the Client upon execution of this Agreement. Client is made aware and accepts that Contractor will not begin work until the Deposit is paid in full.
d.
For Rush Services, a deposit of $3,000.00 (the "Deposit") is payable by the Client upon execution of this Agreement. Client is made aware and accepts that Contractor will not begin work until the Deposit is paid in full.
e.
For all remaining amounts, the Contractor will invoice the Client when the Services are complete.
f.
Invoices submitted by the Contractor to the Client will be subject to payment in full by the Client within seven (7) calendar days of receipt by Client.
g.
In the event this Agreement is terminated by the Client prior to completion of the Services but where the Services have been partially performed, the Contractor will be entitled to and the Client shall make immediate payment in full of the Compensation to the date of termination, provided that there has been no breach of the Term of Agreement on the part of the Contractor.
3. DEPOSITION/PERSONAL APPEARANCE/ELECTRONIC OR TELEPHONIC APPEARANCE:
 
a.
The Contractor will charge the Client for the Services at the rate of $300.00 per hour (the "Compensation") for all Workers’ Compensation case related Depositions, Personal Appearances, or Electronic or Telephonic Appearances. A minimum of two (2) hours will be charged for all Depositions, Personal Appearances, or Electronic or Telephonic Appearances.
b.
For all Workers' Compensation cases, Client will pay a minimum of two (2) hours at the rate of $300.00 per hour, twenty-four (24) hours in advance of all scheduled Depositions, Personal Appearances, or Electronic or Telephonic Appearances.
c.
The Contractor will charge the Client for Travel expenses at the rate of $300.00 per hour (the "Compensation") for all Workers' Compensation cases.
d.
The Contractor will charge the Client for the Services at the rate of $400.00 per hour (the "Compensation") for all Civil, Personal Injury, or Longshore case related Depositions, Personal Appearances, or Electronic or Telephonic Appearances. A minimum of two (2) hours will be charged for all Depositions, Personal Appearances, or Electronic or Telephonic Appearances.
e.
For all Civil, Personal Injury, or Longshore cases, Client will pay a minimum of two (2) hours at the rate of $400.00 per hour, twenty-four (24) hours in advance of all scheduled Depositions, Personal Appearances, or Electronic or Telephonic Appearances.
f.
The Contractor will charge the Client for Travel expenses at the rate of $350.00 per hour (the "Compensation") for all Civil, Personal Injury, or Longshore cases.
g.
For all cases, deposition/personal appearance/telephonic or electronic expenses, including travel expenses, that exceed the amount paid in advance, will be paid by the Client within seven (7) calendar days of receipt of the invoice for Service.
ON ALL CASES, our fees are never contingent upon the results of settlement, trials, or rulings. This will preclude the appearance that any fee-contingent relationship exists. The office retaining Frank P. Diaz and Diaz & Company shall have the principal obligation of securing full payment of fees incurred for the services rendered by Frank P. Diaz and Diaz & Company.
ALL OTHER TERMS
4. Fee Estimates:
When requested, fee estimates will be provided, but shall not be considered binding.
5. Cost Advances:
For any case requiring significant expenses on the part of Diaz & Company (such as plane fare), referral source agrees to send estimated corresponding payment in advance. Cost advances are applied to case expenses and any unused portion is fully refundable.
6. Depositions:
Payment for my Depositions must be received 24-hours prior to the date of the deposition, unless otherwise agreed to. If not received 24-hours in advance, the Deposition will be cancelled.
7. Cancellations:
Should an evaluation, deposition, or trial testimony be cancelled with less than twenty-four (24) hours (one working day) of notice, a cancellation fee equivalent to the time reserved will be charged.
8. Transfer:
In the event that the Client transfers the Subject Matter of this Agreement to another attorney outside of the Client's firm, for any reason, all monies due up until the date of transfer will remain the Client's responsibility, and will be paid by the Client within seven (7) calendar days of the Client's receipt of Contractor's invoice for Service.
MODIFICATION
 
Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party.
ENTIRE AGREEMENT
 
It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.
GOVERNING LAW
 
This Agreement will be governed by and construed in accordance with the laws of the State of California.
SEVERABILITY
 
In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
WAIVER
 
The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions of this Agreement.
ACCEPTANCE
 
By referring your case to Diaz & Company, you have electronically confirmed that you have read the terms of this Agreement, that you are duly authorized to execute this Agreement, and that you agree to be bound by The Terms of this Agreement.
By checking this box, signing below, and sending a case referral to Diaz & Company, I have accepted and agreed to Diaz & Company's Retainer Agreement above. Please review the Retainer Agreement completely before submitting your referral to Diaz & Company. Please print this Retainer Agreement for your records and future reference. Thank you.
Referral For Injured Employee/Plaintiff: ____________________________
Date and time: ______________________________
Signed: ___________________________________