"Expert Witness"

[Zoe]

Happy New Year All!

An attorney called me yesterday to find out if I was willing to be 'an expert witness' in a case involving a home I appraised in May 2023. The owners are trying to evict the tenants, apparently for non-payment of rent. The tenants are claiming the rent is too high. The owners used the rent estimate I provided on the report. It's unclear to me why exactly this may go to trial, IMO non-payment is non-payment and if the tenants agreed to the rent initially it seems like an invalid argument. At any rate, the attorney was planning on having me testify remotely, if necessary, as to my appraisal process. Does anyone see a reason why I should not agree to this? My rental comps support the rent, and there were a couple others I did not use that also support it, so I don't think my estimate would cause any issue for me. Thoughts? What is a typical fee for expert witness?

Your appraisal had an effective date. It should stand on it's own.

I would say typical is $150 hour. But just to engage would be up to you.

Take a lawyer for example.

They generally want something up front just to take the case.

It depends with lawyers too.

Some lawyers work on contingency basis. They take the case for free. They

get paid on back end or believe they will.

If you have to move effective date on market rent estimate?

Charge by the hour. $

Take a week to complete. LOL

 

[Nancy Heiss]

I've not heard anything more from the attorney since Weds morning, when he texted that the trial is now Jan 10, they'd need me Jan 12th, asked if I wanted the subpoena by email or delivered to my office, and to bring the color copy of the report. After consulting with my E&O, I responded email was fine. If they expect me to show up in person, don't they need to give me some advance notice? I've put it out of my mind for now (except to post here after reading new messages). Thinking he probably was trying to scare me into agreeing to do remotely or send a copy of the report to him. I don't scare easily.

 

[Elliott]

Nancy,
I think this situation has given you the opportunity to learn much about being hauled into court and being a witness. It is important to get a full understanding of the case from the beginning and to make the attorney contacting you to understand what you can do and what you cannot do, especially with a report that had its origin from a lending assignment. At that first point of contact is the time to establish an engagement letter spelling out the parameters of what you are going to do and how much you will be compensated. And when you testify, listen to the question carefully and answer it precisely. Don't try to tell a joke ("There is a time to laugh and a time not to laugh, and this is not one of them."--Inspector Jacques Clouseau). When you testify, you are speaking to the judge and you want them to understand and appreciate your testimony. Watch "My Cousin Vinny" this weekend. Good luck.

 

[Nancy Heiss]

Well here it is, the 10th. The attorney had texted that the trial would begin today, with me being needed on the 12th. No subpoena.

 

[Tiffany Gibbons]

Well here it is, the 10th. The attorney had texted that the trial would begin today, with me being needed on the 12th. No subpoena.

Awesome! I'm taking Litigation Appraisal next week as a refresher. ASA has a virtual class too if you need CE. So glad this went away, I thought it was total BS.

 

[Zoe]

I've not heard anything more from the attorney since Weds morning, when he texted that the trial is now Jan 10, they'd need me Jan 12th, asked if I wanted the subpoena by email or delivered to my office, and to bring the color copy of the report. After consulting with my E&O, I responded email was fine. If they expect me to show up in person, don't they need to give me some advance notice? I've put it out of my mind for now (except to post here after reading new messages). Thinking he probably was trying to scare me into agreeing to do remotely or send a copy of the report to him. I don't scare easily.

You trust your E&O insurance lawyer.

Forget the other lawyer.

 

[Ariba]

Expert Witness and Appraiser Forum. Oxymoron?

 

[TerryRohrer]

Expert Witness and Appraiser Forum. Oxymoron?

You certainly do your part to make it so!

 

[Nancy Heiss]

I spoke too soon. Just now a text from the attorney stating he doesn't have my email address. I responded that I had sent him an email on Jan 2nd, (to decline being an 'expert witness') and that it was also on the appraisal. So annoyed.

 

[Zoe]

I spoke too soon. Just now a text from the attorney stating he doesn't have my email address. I responded that I had sent him an email on Jan 2nd, (to decline being an 'expert witness') and that it was also on the appraisal. So annoyed.

You made my day Girl.