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Is opposing attroney entitled to my work file?

Discussion in 'Commercial/Industrial Appraisals' started by Robert Dunkle, Sep 4, 2012.

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  1. Robert Dunkle

    Robert Dunkle Senior Member

    0
    Jan 17, 2002
    Professional Status:
    Certified General Appraiser
    State:
    Oklahoma
    Was giving deposition on a case that is going to trial and the opposing attorney asked for my workfile, complete. This was a complicated report and I have about 400 pages of information in the file. Are they entitled to my file without a court order? My client is the attorney for the side I am working for and they are listed as the only client and intended user.
     
  2. CANative

    CANative Elite Member

    369
    Jun 18, 2003
    Professional Status:
    Certified Residential Appraiser
    State:
    California
    No one (even the client) is entitled to your work file (unless it is a restricted use report.) Except for State enforcement agencies.
     
  3. Michigan CG

    Michigan CG Moderator Staff Member Moderator

    442
    Nov 1, 2006
    Professional Status:
    Certified General Appraiser
    State:
    Michigan
    NO!!

    Do not bring the work file to any court proceedings.
     
  4. CANative

    CANative Elite Member

    369
    Jun 18, 2003
    Professional Status:
    Certified Residential Appraiser
    State:
    California
    Agree. 400 more pages of things to pick apart. "Ah, I see you stated that the property has a 50 gallon water heater. But we found it was a 40 gallon water heater. What else is incorrect?"
     
  5. Privateer

    Privateer Junior Member

    0
    Apr 8, 2008
    Professional Status:
    Banking/Mortgage Industry
    State:
    California
    Sounds like you were hired as an expert witness by the attorney for one side. In general, if the other side has served a proper subpoena demanding product of the work file (and the court has not issued a protective order or you've not properly objected to the subpoena . . .), the other side will be entitled to your work file. The starting point for a discussion about the legal issues involved should be between you and the attorney who hired you. However, you should keep in mind that that attorney does not represent you.
     
    Last edited: Sep 4, 2012
  6. Walter Kirk

    Walter Kirk Senior Member

    17
    Jun 24, 2003
    Professional Status:
    Licensed Appraiser
    State:
    New Jersey
    If you were hired by an attorney and the attorney is the intended user your report as well as your work file are attorney work product and may not be shared with anyone without the attorney's specific permission.
     
  7. GregoryK

    GregoryK Junior Member

    1
    Jan 5, 2011
    Professional Status:
    Certified General Appraiser
    State:
    Tennessee
    Not sure what the rules of discovery are in your state. I would defer that to a professional there. I do know that if you bring your workfile to court, and even if its in your briefcase - it can be entered into evidence. I saw this happen once, and I can see when it could be very embarassing, especilly if that new issue of Playboy had arrived in the mail that day!

    Good Luck!
     
  8. Don Clark

    Don Clark Elite Member

    18
    Jan 17, 2002
    Professional Status:
    Certified Residential Appraiser
    State:
    Virginia
    Not without a court order. If the court orders it I would request payment for it.

    USPAP page U-9, Lines 275-282
     
  9. Joyce Potts

    Joyce Potts Elite Member

    58
    Feb 6, 2005
    Professional Status:
    Certified Residential Appraiser
    State:
    Florida
    Guys, get technical all you want, but if you don't bring your supporting documentation to the deposition:

    1) It looks unprofessional, if not foolish and speaks to your credibiity.

    2) I can't believe your subpoena wasn't Duces Tecum and if not, you'll probably get another one anyway.
     
  10. CANative

    CANative Elite Member

    369
    Jun 18, 2003
    Professional Status:
    Certified Residential Appraiser
    State:
    California
    The support is in the report Joyce, unless it's a restricted use report. No one, even the client, has a right to the appraisers work file.
     
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