The Engagement,
Explained.
We offer two engagement structures — non-testifying damages consulting on contingency, and testifying expert witness on an hourly basis. The same analytical rigor applies to both. You choose the path that fits your case.
Two Engagement Structures
The type of engagement determines the fee structure and privilege posture — not the quality of the work.
Damages Consulting
We serve as your privileged consulting expert, retained through counsel under a Kovel arrangement. Our work is fully shielded from discovery. You control the analysis until you decide to deploy it.
Expert Witness
We serve as your disclosed damages expert — preparing a rigorous expert report and providing deposition and trial testimony. Our opinions are built on the same disciplined methodology and are designed to withstand Daubert scrutiny.
Clients are free to engage under either structure depending on the needs of their matter. Both engagements reflect the same standard of work.
From Intake to Delivered Analysis
The engagement process is largely the same across both structures — the key differences are privilege posture and fee arrangement.
Initial Consultation
You contact us with a case overview — the dispute, the parties, the damages theory, and your desired engagement type. We have a brief call to assess fit. For non-testifying engagements, this conversation is privileged from the start. For testifying engagements, we confirm there are no conflicts and discuss scope.
Engagement Agreement
For non-testifying engagements, we execute a Kovel retainer agreement between our firm and yours, placing all work squarely within attorney-client privilege and the work product doctrine. For testifying engagements, we execute a standard expert engagement agreement defining scope, hourly rates, and deliverables.
Model Development & Delivery
We review financial records, contracts, and case documents and build a proprietary damages model. For non-testifying engagements, preliminary models are delivered quickly to inform settlement strategy and refined as the case develops. For testifying engagements, we develop a full expert report in the format required by applicable rules.
Fee — Contingency or Hourly
For non-testifying engagements, our fee is 5% of gross recovery — paid only if your client recovers. You owe us nothing if the case does not result in a recovery. For testifying engagements, fees are billed hourly and defined in the engagement agreement before work begins.
The Kovel Arrangement
What Is a Kovel Arrangement?
A Kovel arrangement — named for the landmark case United States v. Kovel, 296 F.2d 918 (2d Cir. 1961) — allows attorneys to retain financial and accounting experts whose work is shielded under the attorney-client privilege and work product doctrine.
By engaging Quantum Bravo through counsel rather than directly, you ensure that every model we build, every memo we draft, and every communication between our firms is fully protected from discovery. Opposing counsel cannot access our work product. The damages analysis remains entirely within your control until you decide to use it offensively.
This structure is standard practice for sophisticated commercial litigators working with non-testifying consulting experts — and it governs every Quantum Bravo non-testifying engagement, without exception.
Pure Contingency
Our fee is designed to eliminate financial risk while aligning our incentives completely with yours. We only succeed when you succeed.
Hourly Arrangement
Testifying expert witness engagements are billed hourly. Rates and scope are defined in the engagement agreement before any work begins.
Fee is discussed and agreed upon before any work begins. For non-testifying contingency engagements, no fee is owed under any circumstances if the matter does not result in a recovery.
Tell Us About Your Case
A brief, confidential conversation is all it takes to determine whether we're the right fit — and which engagement structure makes sense for your matter.
Schedule a 15-Minute Call →