Subpoena Received

[Bruce Bugno]

Received a subpoena from a law firm in a divorce case. I have asked the law firm for payment up front and I am getting the run around. They have asked me to contact their client (person I did the appraisal for originally) for payment. I contacted him and he wanted to talk to the lawyer and thinks the ex-wife should be responsible for payment since she is contesting the appraisal. What recourse do I have to get payment before I attend the hearing?

Thanks

Bruce
Certified Residential in Colorado

 

[The Warrior Monk]

Which law firm contacted you? If the law firm represents your client, I would call the law firm and ask them why they wish to put a hostile witness on the stand.

 

[Michigan CG]

Did you have an engagement letter prior to doing the appraisal? Did it say what you would and wouldn't do and how much it would cost them for additional services?

The wife is not happy with the appraisal, did she hire another appraiser? Sounds like she wants you in court to discredit you and that would possibly be with a review of your appraisal?

Are you prepared to go to court and defend your appraisal? Every line, every adjustment? There are people (appraisers) who are hired solely to make you look bad, I have been hired for that reason and have been successful.

Those are things to think about.

I would write to everyone, certified mail, that you are being called as an expert witness and someone has to pay for your time and services and that includes preparation time and the time it takes from when you leave your driveway until the time you get back to your driveway.

DO NOT bring your work file with you. Be prepared for an ambush and thus charge accordingly.

 

[Brian Weaver]

Received a subpoena from a law firm in a divorce case. I have asked the law firm for payment up front and I am getting the run around. They have asked me to contact their client (person I did the appraisal for originally) for payment. I contacted him and he wanted to talk to the lawyer and thinks the ex-wife should be responsible for payment since she is contesting the appraisal. What recourse do I have to get payment before I attend the hearing?

Thanks

Bruce
Certified Residential in Colorado

You have now learned to cover this at the front end of an assignment. When I did this work, my engagements clearly spelled out that no matter which party sent me a subpoena for appearance, Client A was paying my fee of $X,zzz for the day. The $31 check that usually accompanied the subpoena...was lunch money.

If you want to do litigation work, you need to prepare for the before...the during...and the after.

 

[gregb]

Did you have an engagement letter prior to doing the appraisal? Did it say what you would and wouldn't do and how much it would cost them for additional services?

The wife is not happy with the appraisal, did she hire another appraiser? Sounds like she wants you in court to discredit you and that would possibly be with a review of your appraisal?

Are you prepared to go to court and defend your appraisal? Every line, every adjustment? There are people (appraisers) who are hired solely to make you look bad, I have been hired for that reason and have been successful.

Those are things to think about.

I would write to everyone, certified mail, that you are being called as an expert witness and someone has to pay for your time and services and that includes preparation time and the time it takes from when you leave your driveway until the time you get back to your driveway.

DO NOT bring your work file with you. Be prepared for an ambush and thus charge accordingly.

Ditto what Mich says. Plus, I personally would not appear without an attorney representing my interests, given the circumstances stated by the OP.

 

[Lee Lansford]

Received a subpoena from a law firm in a divorce case. I have asked the law firm for payment up front and I am getting the run around. They have asked me to contact their client (person I did the appraisal for originally) for payment. I contacted him and he wanted to talk to the lawyer and thinks the ex-wife should be responsible for payment since she is contesting the appraisal. What recourse do I have to get payment before I attend the hearing?

Thanks

Bruce
Certified Residential in Colorado

Water over the dam, I know, but, next time you will be certain to have all of these little details attended to in the 'letter of engagement' (aka, contract) between you and your client and which comes before you do anything.

This is not so much advice for you but for others who are reading this string and are uncertain how to avoid just such a situation.

 

[Pittsburgh Pete]

You can engagement letters and arrangements made ahead of time, but if you are subpoenaed, you are subpoenaed. Question whether Mr. Weaver's approach would work-don't know why a client would sign such a one sided agreement. If "anyone" subpoenaes you, the client is to pay?

Don't take your workfile and don't brush up on the data beforehand. You can play the "I dont recall" card repeatedly--unless of course you do--don't perjure yourself. If they don't want to pay for your expertise, don't give it to them. Expert witnesses are valuable--witnesses of fact are substantially less valuable. Given them what they pay for.

 

[J Grant]

This is one of the risks of private assignment work. This is why I don't want it. Some appraisers go after this kind of work and do not anticpate the downsides. Agree with Pitts Pete...a subpeona means you have to show up, aka, even if your wrote an engagement letter, your "client" could just refuse to pay and subpeona you. These are not "clients", execpt in the fact that they engaged you for one appraisal , they owe you no loyalty, no money, and will do what is best for THEIR client, the party in the divorce case

Most likely you will lose money for this time spent in court, if it were me, I'd answer truthfully and not play games...though you are not called as a paid expert witness, I don't see how legally it is to your advantage to suddenly act like an idiot and pretend you know nothing about the subject property .

 

[Bruce Bugno]

Thanks for everyone's advice. I know better now in the future!

 

[Mike Garrett RAA]

Refer them to the Statements and Limiting Conditions #4 in the Certifications. You are not required to appear in court UNLESS....