Restricted Report Format For Divorce

[PS111222333444]

I have a prospective client who is requesting a commercial building appraised for a divorce and is asking for a Restricted Appraisal. Given that there should be only one intended user who is the client, I'm not sure this would be appropriate.

Any thoughts on this?

Thanks.

 

[PL1957]

I have a prospective client who is requesting a commercial building appraised for a divorce and is asking for a Restricted Appraisal. Given that there should be only one intended user who is the client, I'm not sure this would be appropriate.

Any thoughts on this?

Thanks.

Maybe. It depends what he's planning on doing with it. If it's going to be shown/presented to others, you may need more than a a Restricted.

 

[Mike Kennedy]

Who is the attorney's client (husb., wife, or both?) the Intended Use? Will the attorney utilize said report in divorce court? More info needed.

 

[PS111222333444]

The husband is requesting the appraisal and is the client and intended user. He is asking his attorney which format should be utilized - originally the parties agreed to BPO. He intends to use the appraisal in mediation. Wife has separate attorney.

 

[Terrel L. Shields]

Restricted why? It is the same amount of work, or should be, since Std. 1 does not change. And with an abbreviated report the opposition is going to view as an attempt to obfuscate the findings. So expect to bring your file cabinet and computer to court to expand and explain every statement in the report...and yes, I have been sent interrogatories demanding all my files and the programs that run them.

 

[PS111222333444]

Well, that's not exactly a pep rally for divorce work... Should I expect to be called into divorce court to defend the appraisal? Sounds like too much trouble - why bother?

 

[PL1957]

The husband is requesting the appraisal and is the client and intended user. He is asking his attorney which format should be utilized - originally the parties agreed to BPO. He intends to use the appraisal in mediation. Wife has separate attorney.

IMO, if the report is being used in mediation, a restricted format is not appropriate.

 

[Michigan CG]

The husband is requesting the appraisal and is the client and intended user. He is asking his attorney which format should be utilized - originally the parties agreed to BPO. He intends to use the appraisal in mediation. Wife has separate attorney.

They are looking for a cheap opinion of value yet want multiple intended users which is a no-go. No one can tell me the attorney won't be using the report to fight the case and no one can tell me that the report won't be shared with the mediator or judge (court) and the other side including the opposing attorney.

 

[Gobears81]

Well, that's not exactly a pep rally for divorce work... Should I expect to be called into divorce court to defend the appraisal? Sounds like too much trouble - why bother?

I agree with PL and Michigan on not using restricted. As for doing divorce work, it is what it is and charge accordingly. Get a proposal signed which collects at least a portion of the fee up front and make sure to specify in the proposal that if you are called into court, you will charge XX per hour. More often than not, the clients are incredibly biased, but these are the times that you put on your most professional hat and don't engage them in much small talk.

 

[Mark K]

...and yes, I have been sent interrogatories demanding all my files and the programs that run them.

Same here. Subpoena, duces tecum. They wanted computer programs and files for every report I'd ever completed for that particular client (would have been about 200 files) for a deposition.

I didn't oblige. I showed up with the work file for that specific report and that's it. They asked about the other items and I told them I didn't have time but if a judge ordered it I would get it together for an hourly rate of $zzz. They said the file was all they really needed to see.

To the OP, you can't do a restricted report in this instance. The client, his attorney, her attorney, the judge, and others will likely be users of the report. As others have said, they want something cheap and think a Restricted report should be cheaper.

This is a divorce, charge hourly and at least as much as the attorney. Hopefully that will scare them back to the BPO route and leave you out of it.