The terms and conditions governing all consulting and expert witness engagements with Southern Insurance Consulting.
Last Updated: May 2026
These Terms of Engagement (“Terms”) govern all consulting, analysis, and expert witness services provided by Southern Insurance Consulting, LLC (“SIC,” “we,” “our,” or “us”) to attorneys, law firms, and other authorized clients (“Client”). By retaining SIC or submitting a signed engagement agreement, Client acknowledges acceptance of these Terms in their entirety. These Terms, together with any executed engagement letter or retention agreement, constitute the complete agreement between the parties.
SIC provides independent expert consulting and testimony services in connection with insurance-related litigation and dispute resolution. Our principals serve as retained expert witnesses, litigation consultants, and subject matter specialists. Services may include, but are not limited to, case evaluation, document review, written reports, deposition testimony, trial testimony, and strategic litigation support.
SIC works exclusively with attorneys and law firms. All engagements are accepted at SIC’s sole discretion. SIC reserves the right to decline any engagement without explanation, including any matter presenting an actual or potential conflict of interest or that falls outside our areas of expertise.
Nothing in these Terms or in any engagement creates an attorney-client relationship between SIC and any party. SIC’s services are purely consultative and testimonial in nature.
Prior to accepting any engagement, SIC will conduct a reasonable conflict-of-interest review using the information provided by Client. Client agrees to disclose all adverse parties, relevant insurers, and any other parties with a material interest in the matter to enable this review.
If a conflict is identified after engagement commences, SIC will promptly notify Client. SIC may, in its discretion, withdraw from the engagement without liability if continuation would present a material conflict. SIC’s conflict check is limited to the information provided by Client and does not constitute a legal determination of conflict under any bar rules or professional standards applicable to attorneys.
Retainer. All engagements require an advance retainer as specified in the engagement letter. Work will not commence until the retainer is received. Retainers are applied against fees earned and are non-refundable to the extent services have been performed.
Hourly Fees. Services are billed at the hourly rates set forth in the applicable engagement letter. Time is billed in minimum increments of one-quarter hour and includes all time reasonably spent on the matter, including document review, research, communications, travel, report preparation, deposition preparation, deposition attendance, and trial testimony.
Expenses. Client is responsible for reimbursing all reasonable out-of-pocket expenses incurred in connection with the engagement, including travel, lodging, meals, reproduction costs, and third-party fees. Travel time is billed at the applicable hourly rate.
Invoices & Payment. Invoices are issued monthly and upon engagement completion. Payment is due within thirty (30) days of invoice date. Amounts unpaid after thirty (30) days accrue interest at the rate of 1.5% per month. SIC reserves the right to suspend services on any matter with an outstanding balance.
Testimony Fees. Deposition and trial testimony fees are set forth in the engagement letter and are typically required in advance. Changes in scheduled testimony dates may result in additional charges.
SIC’s principals provide independent, objective opinions based solely on their professional expertise, industry knowledge, and review of relevant materials. SIC’s compensation is not contingent upon the outcome of any matter or the substance of any opinion rendered. Client understands and agrees that SIC cannot guarantee any particular conclusion and will not alter or misrepresent opinions to favor Client’s litigation position.
If, in the course of an engagement, SIC’s review of the facts does not support the opinions sought by Client, SIC will promptly notify Client. In such circumstances, Client may, at its election, terminate the engagement pursuant to Section 8. SIC’s fees earned to the date of termination remain due and payable.
Client agrees to provide SIC with timely access to all relevant materials, documents, and information reasonably necessary to perform the requested services. Client warrants that all materials provided are lawfully obtained and that Client has authority to share them with SIC.
Client is responsible for identifying applicable deadlines, including expert disclosure and report deadlines, and for communicating those deadlines to SIC with sufficient lead time. SIC is not responsible for delays in report delivery caused by late receipt of materials or inadequate advance notice of deadlines.
Client agrees to promptly notify SIC of any court orders, discovery obligations, or other legal requirements that may affect SIC’s work product or require production of SIC’s files.
SIC acknowledges that materials and information shared by Client in connection with an engagement may be confidential and potentially protected by attorney-client privilege or the work product doctrine. SIC will treat all such materials as confidential and will not disclose them to any third party except as required by law, court order, or as necessary to perform the engagement.
SIC’s obligations of confidentiality survive the conclusion of any engagement. Client is responsible for any instructions regarding the assertion or waiver of privilege over communications with SIC.
SIC may, without identifying any client or matter, reference general categories of prior engagements or areas of expertise for the purpose of marketing its services.
All reports, memoranda, analyses, and written work product prepared by SIC in connection with a specific engagement are prepared for Client’s use in that matter. Upon full payment of all fees and expenses, Client is granted a non-exclusive license to use such work product for the matter for which it was prepared.
SIC retains all rights in its underlying methodologies, frameworks, prior work product, and general expertise. No work product produced in one engagement may be used by Client in any other matter without SIC’s prior written consent and execution of a new engagement agreement.
Draft reports, preliminary findings, and internal working notes remain the property of SIC and are not subject to production unless required by applicable rules of civil procedure or court order.
Termination by Client. Client may terminate an engagement at any time upon written notice to SIC. Upon termination, all fees and expenses incurred through the termination date become immediately due and payable. Retainer amounts in excess of fees and expenses earned will be refunded to Client within thirty (30) days.
Termination by SIC. SIC reserves the right to withdraw from any engagement upon written notice to Client if: (a) Client fails to pay any outstanding balance after demand; (b) a conflict of interest arises that cannot be resolved; (c) Client requests that SIC render opinions it cannot professionally support; (d) Client fails to cooperate in the provision of necessary materials or information; or (e) continuation of the engagement would require SIC to act in contravention of applicable professional or ethical standards.
Withdrawal by SIC under these circumstances shall not give rise to any liability to Client, and all fees earned to the date of withdrawal remain due and payable.
SIC’s liability in connection with any engagement, regardless of the theory of recovery, shall not exceed the total fees paid by Client to SIC for the specific engagement giving rise to the claim. In no event shall SIC be liable for any indirect, incidental, consequential, special, or punitive damages, including lost profits or litigation outcomes, arising from or related to any engagement or SIC’s services.
SIC makes no warranty, express or implied, that its opinions will be accepted by any court or trier of fact, that any particular evidentiary ruling will be rendered, or that any specific litigation outcome will be achieved. Expert testimony is subject to the independent judgment of courts and juries, which is beyond SIC’s control.
These Terms and all engagements shall be governed by and construed in accordance with the laws of the State of Mississippi, without regard to its conflict-of-law principles. Any dispute arising out of or relating to these Terms or any engagement that cannot be resolved informally shall be submitted to binding arbitration before a single arbitrator in accordance with the rules of the American Arbitration Association, Commercial Arbitration Rules, with proceedings to take place in Madison County, Mississippi.
The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending arbitration.
These Terms, together with any executed engagement letter, constitute the entire agreement between SIC and Client with respect to any engagement and supersede all prior understandings, negotiations, and representations. In the event of any conflict between these Terms and a signed engagement letter, the engagement letter shall control.
SIC reserves the right to modify these Terms at any time. Updated Terms will be posted to our website. Any engagement commenced after posting of updated Terms will be governed by the then-current Terms. Engagements already in progress will continue to be governed by the Terms in effect at the time of engagement, unless Client agrees in writing to the updated Terms.
No modification to these Terms for a specific engagement shall be effective unless set forth in a written engagement letter signed by an authorized principal of SIC.
Questions regarding these Terms of Engagement or the process of retaining SIC should be directed to:
Southern Insurance Consulting, LLC
Contact us today to discuss your matter, confirm availability, and initiate the engagement process.
