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an expert witness retainer agreement is a contract made between an attorney and a specialist in a particular field whose expertise is needed in a legal case what to know about expert witnesses during a trial or deposition it is not uncommon to call upon a specialist to testify expert witnesses are legally required to act independently and cannot be partial to either side although if the prosecution or defense speaks to a specialist and determines that their testimony would strengthen the case their attestation may be advantageous how the agreement works by using a retainer agreement an attorney can ensure that a specialist will attend the trial or a deposition in exchange for compensation the expert witness may also be offered an advance retainer fee in addition to other payments the contract should at a minimum include names of the parties date of signing exact services to be provided payment information retainer amount and whether the payment is refundable start and end dates expense
