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Old 09-04-2012, 03:25 PM
Robert Dunkle's Avatar
Robert Dunkle Robert Dunkle is offline
 
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Default Is opposing attroney entitled to my work file?

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.
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Old 09-04-2012, 03:27 PM
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No one (even the client) is entitled to your work file (unless it is a restricted use report.) Except for State enforcement agencies.
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Old 09-04-2012, 03:30 PM
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Michigan CG Michigan CG is offline
 
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Quote:
Are they entitled to my file without a court order?
NO!!

Do not bring the work file to any court proceedings.
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Old 09-04-2012, 03:37 PM
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Originally Posted by Michigan CG View Post
NO!!

Do not bring the work file to any court proceedings.
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?"
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Old 09-04-2012, 04:01 PM
Privateer Privateer is offline
 
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Quote:
Originally Posted by Robert Dunkle View Post
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.
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 by Privateer : 09-04-2012 at 05:19 PM.
  #6  
Old 09-04-2012, 05:11 PM
Walter Kirk Walter Kirk is offline
 
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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  
Old 09-04-2012, 07:43 PM
GregoryK GregoryK is offline
 
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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  
Old 09-04-2012, 08:13 PM
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Not without a court order. If the court orders it I would request payment for it.

USPAP page U-9, Lines 275-282
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  #9  
Old 09-04-2012, 08:56 PM
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Joyce Potts Joyce Potts is offline
 
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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.
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Old 09-04-2012, 09:53 PM
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Quote:
Originally Posted by Joyce Potts View Post
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.
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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