Any Advice On This Legal Issue?

[Anonymous]

First, I would check with my E & O carrier. They often provide valuable and at no additional cost, legal advice.

Then, I would contact my client. If my client of the court did not issue the affidavit, I would not sign it. You may be causing harm to your client. If this would be the case, would they not have a case against you for proceeding without their permission? Obviously the useful life of the appraisal is not yet over.

 

[Larry Lyke]

David -- Affidavits are common ways to conduct court business. Lawyers are people too.

Bill –- If the issue involved my appraisal, I’d alert the insurance company right away. Nothing I’ve said can be construed to suggest that I’d willy-nilly sign anything. However, affidavits are so much a part of doing business with lawyers and the courts. Coddling a client in a lawsuit is not reality!

 

[JeffMann]

Damon,
Sign the affidavit and be done with it. This is the easiest way out. They may still call you to court to testify. You must testify but you don’t have to testify as an expert witness. Just testify to the fact, yes this is the report I prepared. Much more than that becomes expert testimony. Just turn and tell the judge or state that you have not been hired as an expert witness and you will be limiting your testimony to facts. Any technical questions or your opinions are considered expert testimony and until proper arrangements are made you need not testify.

If they want expert testimony let them know it will be $xxxx/hour with a 4 hour minimum. When they agree ask for the money up front!!!!

If you do some research in this forum you will come upon a very good discussion on testimony and expert testimony.

Jeff

 

[Anonymous]

Larry,

How can coddling a client be equated with checking with them? Under USPAP they are your client and you may not communicate with anyone else concerning that assignent without their consent.

 

[Anonymous]

Larry,
Bill has it right, an appraiser can not discuss an appraisal with ANYONE without the client's approval. The exception is if ordered by a court or administrative body. A court can not compel expert testimony without compensation.

 

[airphoto]

Walt,

Agreed .. but acknowledging that one has completed an appraisal, and that the copy provided with the affidavit is a 'true and correct' copy of that appraisal, is not discussing that appraisal with anyone ..

 

[Larry Lyke]

Bill and Walt --

An affidavit is an information writ stating information with which you agree and which is intended to produce affirmed information into the legal matter. If you disagree, it isn’t too likely that you’d sign one.

There’s no need to check with your client before signing an affidavit. By the time the affidavit arrives to you, your client relationship has morphed! USPAP doesn’t control for affidavits, anyways. The client is probably signing them too, on the same issue!

“A court can not compel expert testimony without compensation.” The court doesn’t control expert testimony per se.

 

[Anonymous]

I have an idea. Why doesnt someone post the question to the ASB? Larry, your client relationship cannot morph because there are now legal proceedings. You must honor that relationship under USPAP until a court orders you to do otherwise.

I know what an affidavit is. I also agree that an expert witness cannot be made to testify without compensation. If I am to sign that affidavit, there will be compensation. I will have to review that appraisal, each and every character on the paper to ensure it is indentical with the one in my file. I dont work for free.

 

[Kelleen Hellmann]

I agree with Bill in NC whole heart! Confidentially is binding and even though it's 'just' an affidavit, the plaintiff has no right to the appraisal
in the first place, as far as you know. M/M Smith probably gave them
a copy to get a second mortgage and maybe M/M Smith are in default.
It behoves a lender in 2nd loan position to foreclose first in order to
recoop their investment. To be on the safe side, I'd review the copy
they sent checking it against mine and re-run it but I'm anal like that!

 

[Kelleen Hellmann]

Error on the side of caution