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efta-efta00024767DOJ Data Set 8CorrespondenceEFTA00024767
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DOJ Data Set 8
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EFTA DisclosureText extracted via OCR from the original document. May contain errors from the scanning process.
DAWN M. HUGHES, PH.D., ABPP
CIJ ICAL A D FORE SIC PSYCHOLO
NEW YORK STATE LICENSED PSYCIKH.OGIST
BOARD CERTIFIED IN FORENSIC PSYCHOLOGY
ENGAGEMENT AGREEMENT FOR PSYCHOLOGICAL EXPERT SERVICES
In the matter of
Service. A forensic psychological service is a psychological evaluation, consultation, or
expert witness service that is undertaken for legal purposes. Dr. Hughes provides forensic
psychological services to a law firm who is the client. The litigant is not Dr. Hughes' client.
A forensic psychological evaluation typically involves face-to-face interview with the person
to be evaluated, psychological testing, collaborative interviews with individuals deemed
necessary by Dr. Hughes to conduct a thorough and complete evaluation, and review of
documents and other evidence. Evaluation sessions, including testing, are arranged by
appointment. Dr. Hughes may form and provide findings, impressions, opinions,
conclusions, and recommendations regarding the legal issue(s) at hand. These services are
not intended for the purpose of therapy. Dr. Hughes' findings, impressions, opinions,
conclusions, and recommendations are based on the evaluation procedure and are
independent.
Confidentiality. The usual laws governing confidentiality between psychotherapist and
patient do not apply to the relationship or information obtained during the course of the
forensic evaluation. Information obtained in the course of the forensic evaluation will be
shared with the individual's attorney. This policy also recognizes Dr. Hughes' use of
professional test scoring services, and other professional consultation as deemed advisable
by Dr. Hughes. Be aware that in certain instances the law requires Dr. Hughes to disclose
privileged information, for example, in situations of suspected child abuse, of potential harm
to oneself or another, and in instances where the court orders the disclosure of privileged
information and records.
Results. Written reports may be requested by an attorney or the court. Any results, reports,
and copies of records shall only be prepared, written, and provided after the full evaluation is
completed. Partial reports will not be provided.
Fees. Dr. Hughes' usual and customary fee is $500 per hour or portion thereof for all
forensic services including but not limited to evaluation appointments, psychological testing
and test scoring, collateral interviews, attorney consultation, review of documents/records,
preparation of written reports/affidavits/declarations, deposition and testimony preparation,
and travel time (door to door).
Court and deposition testimony are billed in full or half-day increments at the hourly rate of
$500 — that is, $2000 per half-day (9:00 to 1:00) and $4000 per full-day (9:00 to 5:00).
Payment is required at least 72 hours in advance. In the event that a deposition/testimony is
EFTA00024767
cancelled, or the case settled less than 72 hours in advance, Dr. Hughes will be paid for time
allotted for said testimony as Dr. Hughes' schedule is made far in advance. In addition, if
opposing counsel calls for my deposition and refuses to pay according to my stated fee
structure, the retaining attorney is responsible. Fees for photocopying and other staff-related
activities are billed at $50 per hour. Disbursements, which will also be billed, include actual
costs associated with psychological testing, for example, test scoring, as well as travel
expenses and other reasonable expenses incurred.
The financially responsible party shall be the law firm by whom Dr. Hughes is retained. The
responsible party shall pay the fees and disbursements for all time and services provided by
Dr. Hughes. Dr. Hughes will not accept payment from the litigant directly. If the litigant
fails to attend the scheduled evaluation, fails to provide more than 72 hours notice of
cancellation, or fails to cooperate with the evaluation, the financially responsible party shall
be responsible for full payment for full time allotted for the evaluation.
Retainer or Court Order. A retainer of $7000 is due at least 48 hours before the first
consultation or evaluation session with Dr. Hughes and before Dr. Hughes may be identified
to opposing counsel or to the Court as having been retained by the law firm. The first $3500
is non-refundable. The remaining retainer shall be applied to the final billing statement, and
Dr. Hughes shall return any unused remaining portion of the retainer to the payer. In lieu of
a retainer, a court order or other document guaranteeing payment will be required.
The actual final cost of forensic services varies widely depending on the amount of time
spent by Dr. Hughes, the amount of contact with the parties and the attorneys, the amount
of information to be read, and the degree of complexity of the matter. Dr. Hughes' fees may
substantially exceed the initial retainer and additional retainers shall be required. Additional
retainers and fees shall be paid promptly when requested by Dr. Hughes.
Agreement. All agreements and contracts with Dr. Hughes are in writing. Any
modification of the terms of this agreement must be in writing and signed by Dr. Hughes.
Dr. Hughes, in agreeing to provide this forensic psychological service, is specifically relying
on the responsible party's agreement to abide by all the terms of this agreement.
An authorized representative of the law firm retaining Dr. Hughes shall signify agreement to
this Engagement Agreement by signing below.
DAWN M. HUGHES, PH.D., ABPP
CLINICAL AND FORENSIC PSYCHOLOGIST
DATE
ATTORNEY AUTHORIZED TO ENTER INTO AGREEMENT
DATE
October 8, 2020
EFTA00024768
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