Anyone have experience as an Expert Witness - Testimony/Court Hearing?

[chad hampton]

You’re an expert with regards to appraising real estate. Not really an expert at being an expert witness - is there really such a thing? Tell the attorney you haven’t appeared in court. I wouldn’t sweat it. Surprised if it even goes to court, so few divorces reach that level. Most settle before.

 

[sputnam]

I'm being requested to appear in court for a divorce litigation but I have never testified in court before as an expert witness. An appraiser peer mentioned that I'm risking a potential sanction if I testify as an expert witness "without proper experience." Does anyone have experience and/or an opinion on this matter?

How does one gain experience as an expert witness? There has to be a "first time." If an appraiser appears in a court hearing, is it automatically defined as an "expert witness"? Can an appraiser appear in court and speak to his/her report not in the capacity of an "expert witness"?

Thanks for your help!

Snippet from 2021-2022 VDAM - Voluntary Disciplinary Action Matrix: Levels of Sanction

The VDAM has identified five levels of sanctions – I, II, III, IV, and V – with level V being the most serious. The matrix also includes a sliding scale that is based on whether the offense is an appraiser’s first, second, or third offense.
For example, page 1 of the 2020-2022 Matrix states, “Testifying as an expert without proper experience” might be a violation of the ETHICS RULE. For a first-time offender, this could be considered a Level II offense, and for a third-time offender this could be considered a Level IV offense.

I have some experience as an expert witness. Personally, I hate doing it. Some appraisers of my acquaintance love it. There are classes about doing court testimony however, the only way to actually gain experience is to do it.

 

[Andy Taylor]

One would think that the attorney that engaged you would, at the beginning of your testimony, would "qualify" you in the courts opinion as an "expert" witness or not, as they would with any witness that expert type questions will be asked. i.e. How long have you been an appraiser? How many appraisals have you performed? Are you certified? Do you have any degrees? Do you take continuing education? How many properties similar to the subject have you appraised? "Your Honor, based on the witnesses responses I ask the court to consider the witness to be as expert with regards to their testimony."

 

[Tom D]

your point is to show the wrongness of the other appraisal, and the brilliance of you report. period, but any attorney can make you look bad if you make a mistake. i did it once, i stopped doing divorce appraisals.

 

[RCIValuations]

Yes, in some conversations with her, that is what she plans to do - ask me some cursory/background questions in front of the court to establish me.

 

[Gobears81]

If you are competent in appraising that type of property, then the expert witness side is secondary. The vast majority of cases are settled out of court, so if you haven't appeared as an expert witness, that doesn't necessarily mean that you aren't competent. I personally interpret that VDAM snippet as being based on testifying in your a circle of competence vs whether you've testified in the past.

I've always wondered how this works. You technically aren't doing an appraisal review, but you're supposed to be familiar with the other appraisal so that you could do what? You can't challenge something in the other appraisal without having performed a "review", as I understand it. You sound as though you've done it before; what can you or can't you say about the other appraisal?

It is always good to know where the differences are. Which sales did they use that you didn't? Or which adjustments differed? Something that I see frequently in ad valorem cases - which could probably extend to divorce - is one side saying the property is in good condition, the other saying average. One side saying fair quality, the other saying average, etc. It is kind of a tired charade and many appraisers have drank the kool-aid. The attorney often knows where the points of contention are, but the more knowledge that you have beforehand, the less likely that you'll be blindsided by unexpected questions.

 

[DWiley]

For a few years litigation stuff was the bulk of my work. Keep in mind that you ARE the expert.

As for how your expertise is established, that can vary. In some cases simply having appraiser credentials will establish you as an expert. But, it may go deeper than that. How long have you been appraisal? How many homes have you appraised in this are? Do you hold any special credentials in addition to your state credentials? etc. etc.

As Chad said, it will likely settle and you will not testify. I lost count of how many times I was sitting in the hall waiting to testify and someone would come out and tell me that they reached a settlement.

If you do testify, answer concisely using plain language (rather than appraiser jargon) as much as possible.

As for addressing anything in someone else's report, I would advise being VERY careful about that unless you have prepared a formal appraisal review report. The second you offer an opinion about the quality of someone else's work you have crossed over into appraisal review. If asked, explaining why you did not use a sale that another appraiser used is one thing - saying that the other appraiser should not have used that sale is another thing entirely.

 

[Tiffany Gibbons]

I've always wondered how this works. You technically aren't doing an appraisal review, but you're supposed to be familiar with the other appraisal so that you could do what? You can't challenge something in the other appraisal without having performed a "review", as I understand it. You sound as though you've done it before; what can you or can't you say about the other appraisal?

You're not reviewing their appraisal, you just want to see how it differs from your own. Kind of like when a relocation company gets two appraisals and they send you the other's sketch if square footage is different. In a dissolution of marriage they are trying to either buy one another out, getting a value to divide the assets, etc. Sometimes one is higher, one is is lower. Sometimes, just 1 appraisal is enough.

 

[Tiffany Gibbons]

If you are competent in appraising that type of property, then the expert witness side is secondary. The vast majority of cases are settled out of court, so if you haven't appeared as an expert witness, that doesn't necessarily mean that you aren't competent. I personally interpret that VDAM snippet as being based on testifying in your a circle of competence vs whether you've testified in the past.


It is always good to know where the differences are. Which sales did they use that you didn't? Or which adjustments differed? Something that I see frequently in ad valorem cases - which could probably extend to divorce - is one side saying the property is in good condition, the other saying average. One side saying fair quality, the other saying average, etc. It is kind of a tired charade and many appraisers have drank the kool-aid. The attorney often knows where the points of contention are, but the more knowledge that you have beforehand, the less likely that you'll be blindsided by unexpected questions.

Lots of photos! Also look at competing properties in case they have to sell to divide the equity.

 

[Tiffany Gibbons]

I would be compensated fairly for my appearance in court and time. I'm curious about the "expert witness" label though. Can I appear in court and testify if I've never previously done so?

I took an AI class called "The Appraiser as an Expert Witness" years ago. You can probably find a video on YouTube or a podcast or a Mckissock online class that would be helpful. My mentor loved to testify so I watched him a few times too. Usually, the attorney just asked a couple of questions about the opinion of value and sales used.