I also acknowledge that involving OCC and/or Therapist as a non-party witness in legal proceedings would be disruptive to his/her practice and unfairly impose upon him/her.
It is with this understanding that I hereby agree, as a condition upon which OCC and Therapist has consented to provide therapy, that I (or my legal representative) will not call, subpoena, or otherwise seek to compel OCC or Therapist to provide oral or written testimony as a non-party witness in a legal proceeding with respect to his/her assessment, evaluation, or treatment of me, my partner, or my child.
I agree that such attempts to seek OCC or Therapist's testimony as a non-party witness shall constitute a basis upon which a court should quash any subpoena or issue a protective order, and I agree to be responsible for and to pay for any attorney fees and costs incurred by OCC or Therapist in attempting to secure enforcement of, and compliance with, this agreement.
I also agree that Therapist, whether in the role of fact or expert witness, is entitled to recover from me his/her current professional rate of $500 per hour for any time he/she spends providing, preparing to provide, or traveling to provide oral or written testimony as a non-party witness in a legal proceeding in which I or my representative seek his/her testimony. This includes testimony compelled by a court
Finally, I agree to deliver to OCC or Therapist a retainer of $2,000 before he/ she provides any oral or written testimony as a non-party witness in any legal proceeding in which I or my representative seek his/her testimony.