These Terms and Conditions constitute a legally binding agreement made between you, whether personally (“Client”) or on behalf of an entity (“Client-Attorney”), and Loehrs Forensics (“Consultant”), concerning the services requested as well as any related written or verbal or documentation (collectively, the “services”).

 

You agree that by purchasing the services, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with the Terms and Conditions set forth below, please notify Consultant as soon as possible to determine the best course of action moving forward.

 

We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions. The updated Terms and Conditions are available at www.loehrsforensics.com/termsandconditions and you will be notified of any changes to the Terms and Conditions while under an active contract.

 

 

I.  INITIAL RETAINER

The initial retainer is estimated to cover the cost of the anticipated forensic services and expenses. A non-refundable advanced fee (the “retainer”) is required before commencing work. The retainer is paid in consideration of the following:

 

a. Permission to use Consultant's name or in any other way indicate, formally or informally, that Loehrs Forensics is an expert witness on Client-Attorney's side of the matter is granted upon receipt of the retainer.

 

b. Exclusivity: Consultant agrees not to perform work for or consult with any other party or person involved in or relating to this matter upon acceptance of the signed agreement and retainer set forth below.  However, should Client-Attorney fail to communicate with Consultant for a period of 180 days, Consultant shall have the right to terminate this portion of the agreement and accept work from any other party involved in this matter, providing no conflicts exist, and the non-refundable retainer already paid by Client-Attorney shall not be returned to Client-Attorney.

 

c. Calendar blocking: Consultant will reserve firm dates and tentative dates as listed in Section XI that could have otherwise been allocated to other matters.

 

d. Administrative fees and evidence-handling fees such as securely maintaining original or derivative evidence in the Loehrs Forensics safe are included upon receipt of the retainer.

 

e. The retainer is not a “flat fee” agreement and does not necessarily encompass all work performed throughout the duration of the matter. If additional services are requested by Client-Attorney that are expected to exceed the initial retainer, a supplemental retainer will be required as outlined in Section II.

 

f. All services, as outlined later in this agreement, will be billed against the initial retainer until exhausted.

 

g. The cost of court appearances, including but not limited to, hearings, depositions, trials, and sentencings, are not included in the cost of the initial retainer.

 

h. The cost of written expert opinions, including but not limited to, forensics reports, affidavits, or declarations are not guaranteed to be included in the cost of the initial retainer.

 

i. The initial retainer is non-refundable.  Special circumstances, such as resolution of the matter prior to Consultant commencing work, shall ultimately be decided at the sole discretion of Consultant.

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II.  SUPPLEMENTAL RETAINERS

Supplemental retainers may be necessary to cover the cost of additional services beyond the initial retainer outlined in Section I.

 

a. Supplemental retainers are calculated based on the minimum fees estimated to complete services requested by Client-Attorney.

 

b. All services performed, as outlined later in this agreement, will be billed against any supplemental retainers until exhausted.

 

c. The cost of court appearances, including but not limited to, hearings, depositions, trials, and sentencings will also be billed against any supplemental retainers until exhausted.

 

d. The cost of written expert opinions, including but not limited to, forensics reports, affidavits, or declarations will also be billed against any supplemental retainers until exhausted.

 

e. All supplemental retainers are subject to the same terms set forth in this agreement and are non-refundable.  Special circumstances, such as resolution of the matter prior to Consultant commencing work, shall ultimately be decided at the sole discretion of Consultant.

 

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III.  BILLING AND COMPENSATION

Consultant’s compensation is based principally on the time incurred for services discussed with Client-Attorney. All services will be billed as follows:

 

a. Hourly Rates: services performed by Consultant will be billed against the retainer using the following hourly rates:

 

1. Standard Rate: all services performed other than those described below will be billed at three hundred and fifty dollars ($350) per hour (the “Standard Rate”).

 

2. Testimony Rate: attendance and testimony at depositions, hearings, trial, and sentencings will be billed at the rate of four hundred and fifty dollars ($450) per hour (the “Testimony Rate”).

 

3. Expedited Rate: all expedited services performed under the conditions listed in Section IV will be billed at five hundred dollars ($500) per hour (the “Expedited Rate”).

 

b. The hourly rates set forth above may be revised annually to reflect adjustments in labor, hardware, and software costs for the services reasonably projected by Consultant (in accordance with generally accepted accounting principles, consistently applied). However, the originally agreed-upon rates set forth in the executed Expert Consultant Agreement will be honored for a full year from the date of the contract with no pricing review occurring within the first twelve months.

 

c. In-house Services: In-house services is any work performed in Loehrs Forensics offices which includes, but is not limited to, consultation, discovery review, evidence acquisition, forensic analysis, examination of evidence, research, telephone conferences, preparation of reports, et cetera. All in-house services will be billed against the retainer at the Standard Rate. Consultant will bill by the hour with a minimum charge of one half-hour for services requiring less than one hour.

 

d. Off-Site Services: Off-site services encompasses any work performed outside of Loehrs Forensics offices which includes, but is not limited to, evidence acquisition, forensic analysis, examination of evidence, et cetera. All travel time incurred to perform off-site services will be billed against the retainer at the Standard Rate. To ensure Consultant’s availability, please refer to Section XI. 

 

1. Local Services: Consultant will be billed at the Standard Rate. Consultant will bill by the hour with a minimum charge of four hours, or the actual time spent if exceeds the four-hour minimum. “Local” is defined as Maricopa County, Arizona.

 

2. Non-Local Services: Consultant will be billed at the Standard Rate. Consultant will bill by the hour with a minimum charge of nine hours, or the actual time spent if exceeds the nine-hour minimum. “Non-local” is defined as all locations outside of Maricopa County, Arizona.

 

3. Local/Virtual Court Attendance/Testimony: Local in-person attendance or virtual attendance and testimony at depositions, hearings, trial, and sentencings will be billed at the Testimony Rate. Consultant will bill by the hour with a minimum charge of four hours, or the actual time spent if exceeds the four-hour minimum. “Local” is defined as Maricopa County, Arizona.

 

4. Non-local Court Attendance/Testimony: Non-local in-person attendance for hearings, depositions, trials, or sentencings will be billed at the Testimony Rate. Consultant will bill by the hour with a minimum charge of nine hours, or the actual time spent if exceeds the nine-hour minimum. Failure to provide adequate notice or to communicate important dates may result in the surrender of fees. “Non-local” is defined as all locations outside of Maricopa County, Arizona.

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IV.  EXPEDITED SERVICES

Consultant understands that special circumstances may arise wherein Consultant may be retained under restricted deadlines imposed by the Court that are beyond Consultant’s and/or Client-Attorney’s control. If Client-Attorney chooses to retain Consultant under these conditions, the following may apply at the discretion of Consultant:

 

a. If the time between retention and services requested are to be completed within a thirty (30) days or less deadline, an expedited rate for forensic services may be applied. All expedited services performed within those thirty (30) days will be billed at the Expedited Rate.

 

b. If Consultant has already been retained, and a specific request is made by Client-Attorney for services needed within five (5) business days (e.g. forensic exam, preparation of affidavit or report, court attendance at an emergency hearing) the Expedited Rate will also be applied.

 

 

V.  EXPENSES

The Guarantor is responsible for reasonable expenses incurred during Consultant’s involvement in the matter. Expenses will be applied toward the retainer(s) but are not necessarily included in the retainer estimates. Expenses are defined as follows:

 

a. Non-local travel expenses incurred while performing services to include:

 

1. Travel by car: standard mileage rate (cents per mile) as defined by the IRS at the time the travel occurred.

 

2. Travel by air: cost of roundtrip airfare (economy) including base fare, taxes, fees, surcharges, baggage, and seat selection (if applicable).

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3. Lodging: cost of hotel for each night including taxes, fees, surcharges, and parking (if applicable).

 

4. Ground transportation: cost of most economical option including ride share services, taxis, or rental car price per day/trip.

 

b. In-house administrative expenses to include the following:

 

1. Shipping and handling for evidence items sent to Client-Attorney or individuals involved, including shipment of discovery and evidence drives.

 

2. Hardware purchased, including storage drives for derivative evidence and/or reports.

 

3. A flat fee of $1,000 will be applied toward the retainer for cases that require original and/or derivative evidence to be maintained for one year in the Loehrs Forensics laboratory.

 

 

VI.  SCOPE OF WORK

Consultant’s goal is to provide Client-Attorney with an accurate representation of data that resides on the digital evidence deemed relevant to the matter and provided to Consultant for independent forensic examination. The scope of work is therefore determined on a case-by-case basis which may include the collection, recovery, preservation, analysis, reporting and presentation of digital evidence.  All work is conducted using industry standard and forensically sound tools and procedures by qualified personnel employed by Loehrs Forensics, LLC.

 

a. Consultant agrees to verbally report the findings of the forensic examination, conclusions, and opinions to Client-Attorney and, if directed by Client-Attorney, Consultant will prepare a written report, affidavit and/or declaration of findings and opinions.

 

b. The full scope of Consultant's work will be determined as the matter proceeds, and will be subject to the needs and requests of Client-Attorney. Consultant and Client-Attorney agree that Consultant will be performing services under this agreement as an independent contractor.

 

c. Time constraints, legal or government restrictions, and other impositions beyond Consultant’s control may affect the ability to perform the scope of work. All attempts will be made to perform the scope of work to the best of Consultant’s ability.

 

 

VII.  FORENSICS EXAMINATION  

The success of Consultant’s forensic examination in this matter relies on the availability of the evidence and necessary forensic tools. The evidence in each matter is different, and the manner in which that evidence is made available to Consultant is determined by the individual or agency in possession and control of that evidence. 

 

a. Evidence may be provided for Consultant’s review in one of two forms:

 

1. Original evidence: If original evidence is provided for Consultant’s forensic examination, forensically sound images will be created of the devices to preserve the integrity of the evidence and will be maintained by Loehrs Forensics. The cost of acquiring the evidence will be billed against the retainer. Consultant will make every effort to return all original evidence on or before final disposition of the matter.

 

2. Derivative evidence: forensically sound images of the original evidence and/or data extracted from the forensic images or original evidence.

 

b. Consultant will provide any and all forensic software, hardware, and necessary equipment in conjunction with the forensic examination of the evidence.

 

c. The forensic exam will occur in one of the following locations, determined on a case-by-case basis:

 

1. Loehrs Forensics laboratory in Phoenix, Arizona for non-contraband matters or contraband cases under a court protective order. Loehrs Forensics utilizes a private laboratory well-equipped with forensic software, hardware, and staff, allowing us to conduct a complete and thorough examination. This is the preferred method whenever possible to ensure the best forensic examination. Obtaining court approval for an examination in the Loehrs Forensics lab may require additional litigation in contraband cases.

 

2. State or Government facility that may provide equipment or may require Consultant to bring limited mobile forensic equipment. These examinations are limited by time, resources and availability determined solely by the agency facilitating the examination.

 

3. On-site facility housing the original evidence. Special circumstances may require Loehrs Forensics to travel to the site of the evidence for preservation and analysis including cases involving volatile evidence, damaged evidence, or accessibility issues. 

 

d. If the examination is required to be conducted pursuant to the method described in (iii)(b) or (c), Consultant will need the following information in a timely manner to schedule the forensic examination:

 

1. Contact information of the agent/agency/individual facilitating the review.

 

2. Address and operating hours of the facility providing access to the evidence.

 

3. Travel expenses paid in full prior to traveling to the exam location (if sufficient funds have not already been provided via the initial retainer).

 

e. The forensics examination and/or collection of data at off-site facilities will be conducted by qualified forensics examiners employed by Loehrs Forensics, LLC.

 

f. All data extracted and work product generated during Consultant’s forensic examination is confidential and property of Loehrs Forensics, LLC.

 

g. Should 180 days lapse without any communication between Consultant and Client-Attorney, Consultant may destroy any original and/or derivative evidence being maintained by Consultant absent a court order instructing otherwise.

 

 

VIII.  CONFIDENTIALITY  

Consultant agrees to take all commercially reasonable steps to protect the confidentiality of information in or on electronic data and media made available or furnished for examination. Consultant will use the information only for the purpose of fulfilling this agreement, and will otherwise hold the information in the strictest confidence.

 

a. Consultant agrees to retain all non-public information obtained from Client-Attorney as confidential and agrees not to release or discuss any such information unless Consultant has obtained the prior written consent of Client and Client-Attorney, or is otherwise forced, compelled, or required to disclose this information by operation of law or applicable government authority.

 

b. If, during the course of this engagement, Consultant finds within any electronic data or media evidence of child exploitation material (i.e. child pornography) or of a credible threat of physical harm to any person not previously identified by law enforcement and/or protected under a court order, Consultant is obligated to immediately bring such matters to the attention of law enforcement authorities and states that no assertion of privilege, confidentiality, or breach of contract will be raised as a bar to such action.

 

 

IX.  ATTORNEY CLIENT PRIVILEGE  

Consultant understands that the work to be performed will be confidential, will constitute a portion of the work product of counsel, and is covered by the attorney-client and attorney work-product privileges. 

 

a. Consultant will review and, absent extenuating circumstances, agree to the terms and conditions of any confidentiality or non-disclosure agreement that Client-Attorney and/or Client has entered into, or will enter into. Any active protection orders and/or non-disclosure agreements should be provided to Consultant at the time of retention.

 

b. Upon receipt of the retainer and signed agreement, any and all telephonic and written communication (i.e. letters and email) shall remain confidential between Consultant and Client-Attorney.

 

c. Written communication is often discoverable. As a result, no communication, written or telephonic, will occur between Consultant and the Client, Guarantor, family of Client, or friends of Client absent the presence and prior approval of Client-Attorney. If Consultant is contacted about the matter by any individual other than Client-Attorney, no information will be shared in Client-Attorney’s absence.

 

d. All reports, communications, and work product will only be made available to the Client-Attorney, unless otherwise ordered by the court.

 

e. If there is a change in representation during Consultant’s retention, this agreement remains active with new Client-Attorney unless otherwise terminated pursuant to Section XIII.

 

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X.  COMMUNICATION  

Consultant will keep Client-Attorney informed as work progresses and will seek input as to the scope of work requested. In that regard, it is imperative that Client-Attorney keep Consultant accurately informed with respect to the status of the matter, additional discovery pertinent to Consultant’s role, and important events that may affect the progress and outcome of the matter.

 

 

XI.  SCHEDULING  

Consultant understands there are many factors that affect scheduling and deadlines, and Consultant will make every effort to meet Client-Attorney’s needs. Please be advised that Consultant’s calendar is typically booked months in advance and cannot guarantee availability on short notice. Failure to provide adequate notice or to communicate important dates and deadlines may result in Consultant’s unavailability and surrender of fees. All requests for Consultant to hold dates for testimony will incur a minimum fee of four hours at the Standard Rate for each day secured. If applicable, please be prepared to provide discovery cutoff dates, motions deadlines, expert disclosure deadlines, evidentiary hearings, and trial dates.

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XII.  DISPUTES  

Should a dispute arise between Consultant and Client-Attorney, Client, or Guarantor regarding the work performed under this agreement or the payment of fees, the parties to this contract agree to arbitrate the dispute in Maricopa County, Arizona, U.S.A. with each party selecting an arbitrator and those two arbitrators selecting a third, neutral arbitrator. If they cannot agree to a neutral within 30 days, either party may request that selection of the neutral be made by a judge of the court having jurisdiction. Each party agrees to pay the fee of its own selected arbitrator and to equally share the fee charged by the neutral. Local rules of law as to evidence and arbitration procedures will apply. The decision of the arbitration panel shall be binding on the parties. The prevailing party shall be entitled to recover its reasonable attorney’s fees and all costs and expenses incurred during the arbitration process.

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XIII.  TERMINATION

This agreement is effective from the date of signature on the contract or receipt of the retainer. This agreement may be terminated as follows: 

 

a. Client-Attorney may terminate this agreement for any reason, including resolution of matter, conflict of interest, or retention of a different consultant. Upon notification of termination of Consultant’s services by Client-Attorney, Guarantor agrees to immediately pay all fees and expenses incurred by Consultant up to the date of notice. The non-refundable retainer will not be refunded upon termination.

 

b. Consultant may terminate this Agreement if payments are not made within 60 days of the date billing is mailed to Client-Attorney/Guarantor. This does not relieve Guarantor in any way from payment for services rendered or expenses incurred.

 

c. Final disposition of the matter such as settlement, dismissal, plea agreement, acquittal, or sentencing will result in the termination of this agreement. Matters on appeal will require a new agreement if Consultant’s services are requested for the appellate process.

 

d. If 180 days pass without responsive communication from Client-Attorney, despite efforts made by Consultant to contact Client-Attorney, Consultant may terminate the agreement, and the non-refundable retainer already paid by Guarantor shall not be returned to Guarantor.

 

e. Evidence: Upon termination of this agreement for any of the reasons described above, any evidence within Consultant’s possession will be forensically destroyed within 30 days unless otherwise provided explicit instruction for shipping or pick-up.

 

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This document was last updated on January 15, 2024.