Form 15-4

This form is written for a divorce case but may be reworded as appropriate for any other family law matter.

Consulting Expert’s Participation Agreement

[Name of party A] and [her/his] attorney, [name], [name of party B] and [his/her] attor­ney, [name], and [name of expert] enter into this Consulting Expert’s Participation Agree­ment. [Name of party A] and [name of party B] (the “parties”) have chosen to use the principles of collaborative law to settle the issues of their divorce. The parties have agreed that, when appropriate, they will use neutral experts for any issue that requires expert advice or recom­mendations.

In that regard the parties have agreed to retain [name of expert] as consulting [appraiser/accountant/psychologist/financial expert/[describe other expert]] for the purpose of [state expert’s duties in detail]. The parties agree to pay [name of expert] a retainer of [number] dol­lars ($[amount]) [include if applicable: and [state other terms of remuneration]]. The parties agree to pay [name of expert] as follows: [state source of funds].

The parties and [name of expert] agree that, if this matter becomes adversarial, [name of expert] [may/may not] be called as a witness [include if applicable: and written materials pre­pared by [name of expert] specifically for the collaborative law process are inadmissible unless the parties and [name of expert] agree otherwise in writing after the collaborative law process is terminated]. The parties and [name of expert] further agree that, if this matter becomes adversarial, [name of expert] [may/may not] be used as a consulting expert [include if applicable: and written materials prepared by [name of expert] specifically for the collabora­tive law process are inadmissible unless the parties and [name of expert] agree otherwise in writing after the collaborative law process is terminated].

[Name of party A] and [name of party B] agree to promptly provide all necessary and reasonable information requested by [name of expert] and sign all necessary and reasonable authorizations requested by [name of expert].

   
[Name of party A]
[Address]
Signed on       

   
[Name of party B]
[Address]
Signed on       

   
[Name]
Attorney for [name of party A]
State Bar No.:
[Email address]
[Address]
[Telephone]
[Fax]
Signed on       

   
[Name]
Attorney for [name of party B]
State Bar No.:
[Email address]
[Address]
[Telephone]
[Fax]
Signed on       

   
[Name of expert]
[Email address]
[Address]
[Telephone]
[Fax]
Signed on