📄 Extracted Text (1,511 words)
Law Office
CULVER SMITH III, P.A.
500 South Australian Avenue
Suite 600
West Palm Beach, FL 33401
Tel. 561.598.6800
Fax 561.598.6801
www.culversmithlaw.com
D. Culver Smith Ill
ceu 561.301.3800
ENGAGEMENT MEMORANDUM
BY ELECTRONIC MAIL ONLY
To: Gunster, Yoakley & Stewart P.A.
do David R. Atkinson <
RE: Epstein v. Rothstein, No. 502009CA040800XXXXMB (Fla. 15th Cir. Ct.)
DATE: November 2, 2017
Thank you for engaging me on behalf of Mr. Epstein, Jeffrey Epstein, to serve as an expert
witness in regard to the above-referenced matter. The purposes of this letter are to confirm the
engagement and to ensure that you, Mr. Epstein, and I understand and agree upon the scope of
my engagement and your and my respective rights, obligations, and responsibilities.
You and I agree to the following:
1. Effective Date. This engagement began on November 1, 2017, subject to my
receiving the deposit described in paragraph 5(c) below and a fully signed copy of this
Engagement Memorandum.
2. Scope of Services. I am being engaged to serve as a consulting expert regarding
issues raised by Defendant Bradley Edwards' counterclaim against Mr. Epstein in the above-
referenced matter, as well as on such other issues as you and I may agree. I will familiarize
myself with the facts, conduct appropriate research and analysis, and provide you with my
opinions and recommendations regarding the issues in question.
3. Designation as Testifying Expert. You and I acknowledge that I may be designated
as a testifying expert. Prior to that time, I do not assure you that I will be able to support any
particular position. If I am designated as a testifying expert, I will continue to assist you in
developing factual and legal support for the opinions to which I may testify and in defining
5019-009.cngmtmcm.02
EFTA00795577
ENGAGEMENT MEMORANDUM
TO: Gunster, Yoakley & Stewart, P.A.
RE: Epstein v. Rothstein
November 2, 2017
Page 2 of 5
potential areas for inquiry. My testimony will be as an objective witness providing what I
believe constitutes truthful and accurate information and opinions, and any written report or
opinion letter that I provide will be prepared in the same vein.
4. Confidentiality. To the extent possible, I will treat my work product and the
communications between us and among me, your co-counsel, and Mr. Epstein as confidential.
If, however, I am designated as a testifying expert, the disclosure of such work product and
communications might be compelled by subpoena or other legal process. Therefore, I cannot
and do not guarantee that my work product and any such communications will remain
confidential. In any event, I will not disclose my work product or any such communications to
any third party without your or Mr. Epstein's consent except as may be required by law,
regulation, legal process, or applicable professional standards. You will promptly notify me of
any special confidentiality obligations that the court or other legal authority may impose.
5. Fee and Expenses
a. Fee. Mr. Epstein will pay me a fee equal to $750.00 per hour of time that I
devote to the matter. This includes travel time portal to portal and time spent on telephone calls.
It also includes time spent preparing for and testifying on deposition, regardless of which party
bears that obligation under law. My time will be recorded in increments of rounded tenths of an
hour, with one-tenth (0.1) being the minimum for any activity.
b. Expenses. In addition to the fee for services rendered, Mr. Epstein will
reimburse me for or will pay directly all expenses that I reasonably incur in the course of the
engagement. This includes (without limitation) internal costs such as travel expenses (including
automobile mileage for trips outside of Palm Beach County), facsimile transmissions, expedited
delivery, extraordinary postage, outsourced copying and document-preparation charges, and
online and outsourced legal-research charges.
c. Deposits and Credit Balances. Mr. Epstein will provide me with an initial
deposit of $50,000.00. Of that amount, $10,000.00 represents a nonrefundable retainer to
reserve my availability for this matter. The balance represents a refundable deposit. The
refundable portion of those funds will be deposited in my firm's trust account and together with
the nonrefundable portion will be credited from the outset against time devoted to the
engagement (including all activity to date). In addition, Mr. Epstein will advance any additional
amount that I from time to time require to maintain a minimum credit balance. (The precise
amount will vary depending upon the amount of time and expense expected to be incurred in the
ensuing few months.) Any such advanced funds will be deposited into my firm's trust account
and will be accounted for upon the rendering of each billing statement. Any portions of such
deposits that ultimately are not used for expenses or applied to fees will be refunded. (By rule of
the Supreme Court of Florida, the interest generated on such funds is remitted by the bank to the
5019-009.engmtmcm.02
EFTA00795578
ENGAGEMENT MEMORANDUM
TO: Gunster, Yoakley & Stewart, P.A.
RE: Epstein v. Rothstein
November 2, 2017
Page 3 of 5
Florida Bar Foundation for use in making grants in accordance with its authorized purposes,
principally to provide civil legal assistance to the poor.)
d. Billing and Payment. I will render periodic statements for my fees and
expenses. Mr. Epstein authorizes me to draw on advanced funds for direct payment of third-
party charges and, upon rendering a billing statement, to apply any refundable advances to the
amount due (and credit him accordingly). The remittance amount reflected on each statement is
due and payable upon your receipt of the statement. The failure to pay the remittance amount
in full within thirty days of the date of the statement constitutes valid grounds for me at my
discretion to terminate this engagement.
e. Noncontingency. My entitlement to the foregoing fees and expenses is in no
way contingent upon what testimony or opinions I provide, their admission into evidence, their
acceptance by the court or jury, or the ultimate outcome of this matter.
6. Effect ofEngagement. My engagement is solely as a consulting and, perhaps,
testifying expert and not as a lawyer providing legal services to Mr. Epstein as counsel.
Accordingly, this engagement creates no lawyer-client relationship between me and Mr. Epstein,
and my service as an expert in this matter does not preclude me from accepting employment as
counsel to a person or entity whose interests may be directly adverse to those of Mr. Epstein on
any matter other than the issues or proceeding that are the subject of this engagement.
7. Nonassignability. This agreement may not be assigned by either of us without the
prior written consent of the other.
8. Termination ofEngagement. This engagement terminates upon the conclusion of
the subject matter for which I have been engaged. In addition, this engagement is terminable by
either of us at any earlier time for any reason. Although I do not expect an early termination to
occur, if it does, Mr. Epstein will remain obligated for any fees for services rendered and for
expenses incurred through the effective date of the termination.
9. Contract Construction andInterpretation. This agreement is governed by and will
be construed and interpreted in accordance with the substantive contract law of the state of
Florida without regard to conflicts-of-law principles.
10. Effect. This document contains the entire agreement between us regarding this
engagement. No guarantees, representations, warranties, or promises have been made by either
of us regarding this engagement that are not expressly stated in this agreement. This agreement
binds and inures to the benefit of your, Mr. Epstein's, and my respective heirs, personal
representatives, successors, and assigns.
5019-009.engmtmcm.02
EFTA00795579
ENGAGEMENT MEMORANDUM
TO: Gunster, Yoakley & Stewart, P.A.
RE: Epstein v. Rothstein
November 2, 2017
Page 4 of 5
11. Execution. This document may be executed in counterparts, each of which shall be
deemed an original and all of which together shall be deemed one and the same instrument. The
counterparts may be exchanged by facsimile or by e-mail in portable document format (PDF),
and the signature or signatures on each counterpart so transmitted shall be treated as originals.
My facsimile signature below indicates my agreement with these terms. Please indicate your and
Mr. Epstein's agreement with these terms by signing below, having Mr. Epstein sign where
indicated, and returning a signed copy to me.
I very much appreciate the opportunity and privilege of serving you and Mr. Epstein in this
matter.
Peate4f."Ztoefil
D. Culver Smith III
[Acceptances on following page.]
5019-009.engmtnicinAl2
EFTA00795580
ENGAGEMENT MEMORANDUM
TO: Gunster, Yoakley & Stewart, P.A.
RE: Epstein v. Rothstein
November 2, 2017
Page 5 of 5
******************************************************************************
ACCEPTANCE
The undersigned accepts and agrees to the terms of engagement set forth above.
Gunster, Yoakley & Stewart, ■
Date: By
David R. Atkinson
******************************************************************************
ACCEPTANCE
The undersigned understands, accepts, and agrees to be bound by the financial and other
terms of engagement set forth above.
Date:
Jeffrey Epstein
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me on , 2017,
by Jeffrey Epstein, who:
❑ is personally known to me.
❑ provided as identification.
Notary Public
******************************************************************************
5019-009.cngmtmcm.02
EFTA00795581
ℹ️ Document Details
SHA-256
5917e9c1efeb9222a2abedb574e282ab1725215c4906a2c5341be9f5be916275
Bates Number
EFTA00795577
Dataset
DataSet-9
Document Type
document
Pages
5
Comments 0