Digital Forensics Services Agreement

What provisions should be in the standard services agreement of a professional forensics firm?  Should the firm disclaim responsibility for legal outcomes and consequential damages?

Example Disclaimers of Liability

What do you think of the following provisions for an agreement to provide digital forensic services?

“The Firm gives no assurance as to (a) the outcome of the Forensic Services provided under this Agreement, or (b) any result in law, in any investigation or otherwise. 
Mobile Proof

“In no event will the Firm be liable to the Client or anyone else for more than the fees paid by the Client to the Firm under this Agreement.  The Firm is not liable for any consequential damages, incidental damages, lost profits, undesirable legal outcome or the like.”

Hypothetical Case

Suppose that a forensics firm is hired by a corporate client to recover evidence from a smartphone related to a contract dispute.  And suppose that the firm performs poorly and misses or erases evidence that would have helped the client recover $1 million in a lawsuit.  Should the forensics firm be liable for the $1 million?

Other Provisions

What other provisions should be in a digital forensics services agreement? 

Related:  Here is why I am bullish on the computer forensics job market.

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