Sample engagement language
Optional, adaptable language for documenting a Kalivar review in your file and engagement letters.
Optional and adaptable
Language some firms use to document a Kalivar review — adapt or ignore as fits your matter. Provided as a convenience, not legal advice. See Discovery and expert engagement for how the platform works.
File memo characterizing the Kalivar screen
On [date], in anticipation of potential litigation in the matter of [matter], this firm obtained a confidential, preliminary case-merit screen through the Kalivar platform. The screen was performed by an anonymous independent physician who was not informed of this firm's identity or the party we represent, was not retained by this firm, and reviewed only an anonymized, limited summary of the matter. The screen is preliminary and consultative, prepared to assist counsel's evaluation of case merit, and is not a final opinion. It is maintained as part of counsel's case-evaluation work product.
Engagement letter — retaining a physician met through Kalivar
This engagement letter sets out the terms on which [Physician] is retained by [Firm] in connection with [matter]. Any preliminary case-merit screen previously provided by [Physician] through the Kalivar platform was based on a limited, anonymized summary and is preliminary only. Under this engagement, [Physician] will conduct an independent review of the complete records and materials provided by [Firm] and will form opinions based on that independent review. [Physician]'s opinions in this matter rest on that independent, full-record review and not on any prior preliminary screen. [Physician] confirms no disqualifying conflict of interest now that the parties are known, and will promptly disclose any conflict that later arises. Compensation for this engagement is set out in [Schedule / paragraph], separate from any platform fees.
Defining a consulting vs. testifying role
[Physician] is retained at this time as a consulting (non-testifying) expert to assist counsel in evaluating the matter in anticipation of litigation. The parties will confirm in writing if and when [Physician]'s role changes to that of a testifying expert.