State of Florida v. Jose Ivan Contreras

Retainer Letter & Scope of Work

The retainer letter dated September 14, 2024 memorializes the engagement of Phone Data Extraction, LLC by Lance Richard, P.A., to provide digital forensics support for the defense in State of Florida v. Jose Ivan Contreras, subject to court authorization and Justice Administrative Commission requirements.

What the retainer letter says

• PDE is retained as a consulting expert and, if later authorized, a testifying expert under defense counsel's direction.
• The agreement becomes effective upon court or JAC approval and party signatures.
• The packet includes the case caption, while Case Number, Division, and Judge fields are left open for court-specific insertion.
• The terms include confidentiality/work-product protections, evidence handling controls, and invoice documentation requirements.

Scope of work summary

Detailed Scope of Work

Phase I - Intake and Case Review (Cap up to 15 hours at 200.00 dollars/hour)

• Review affidavits describing exigent circumstances for digital data collection.
• Review subpoenas, warrants, and court orders issued to digital service providers.
• Inventory all materials produced by government and third-party providers.
• Compare government production to provider productions for completeness and fidelity.
• Perform forensic file analysis of digital files provided.
• Review docket filings and confer with Attorney regarding findings and recommendations.
• Develop and deliver written Phase II work plan with estimated hours.

Phase II - Implementation of Plan (Cap up to 35 hours at 200.00 dollars/hour)

• Execute authorized implementation plan developed in Phase I.
• Acquire or convert records into analyzable formats.
• Perform carrier record analysis and geolocation analysis.
• Perform timeline correlation and prepare technical reporting.
• Provide consultation to Attorney based on analysis outcomes.

Phase III - Expert Witness Services (Court-Authorized)

• Designate appropriately specialized expert from PDE team for testimony if requested and authorized.
• Provide testimony and related waiting/travel time support.
• Apply approved rates: 200.00 dollars/hour testimony, 100.00 dollars per diem, 250.00 dollars per hotel night, plus authorized travel reimbursement.
• Coordinate travel arrangements only within court-authorized and JAC-permitted limits.

Controls and Requirements

• Preapproval required before any phase starts or travel is incurred.
• PDE will maintain detailed contemporaneous time entries and itemized invoices.
• Extraordinary expenses require Attorney prior written approval.
• Materials remain confidential under Attorney direction with privilege/work-product protections.
• Evidence handling requires chain-of-custody logs and non-alteration of original evidence where possible.
• PDE uses commercially reasonable data-security safeguards including access controls and encrypted transmission.
• Scheduling requires coordination with Attorney around hearings and disclosure deadlines.
• Record retention/return occurs after final disposition upon written request, with archival retention as legally required.