Divorce appraisal strategy???

[Tina]

Seems like somewhere, sometime ago I ran across some comments from someone regarding preparing an appraisal for a divorce/property settlement and naming the client as the divorce attorney as opposed to one of the parties to the divorce. I seem to recall that this would somehow keep the appraisers files out of "discovery" or something like that (no legal beagle here at all).

I am try to compose an engagement letter for a divorce situation and these thoughts keep rolling around in my head. I'd like to be proactive in CMA and working smart!

Anyone know what I'm talking about because I sure don't feel like I do. I've just got this nagging feeling that I'm missing something...

TB

 

[Michigander]

That was most likely me Tina and if you like I can dig up some old engagement letters to fax to you. Drop me a line.

 

[Wendy]

Tina,
Check your email.

-WM

 

[JSmith43]

I remember that thread. There were a few branches to the evolutionary tree.

From a business and practical standpoint, I believe an appraiser should suggest to the divorcing parties to consult their attorney as to who the named client should be, or offer to discuss the matter. This may be a case with a special twist.

I'm all for keeping the matter as harmonious as possible. If approached by one divorcing party and given the song and dance that this is an amicable parting, I used to suggest that both parties agree verbally to use me. it would be better in writing, but mentioning signing things at that point can light a fuse.

I'll look for that thread, Tina

 

[Bob Ipock]

The attorney makes a better client that a biased, pissed off, revengeful, "I want it all" party to a divorce. The attorney does not care...it is a job. The divorcing parties want it to be personal.

 

[JSmith43]

I think this is a good one for the testimony issues discussed. Also, someone pasted in a retainer agreement, FWIW.


http://appraisersforum.com/general-...-served-subpoena.html?highlight=divorce+court

 

[xm72mhd]

The thing about the attorney being the client goes further than the discovery argument, which is true. It protects the appraisal from discovery (being excposed) as attaornewy work product if you work for the attorney and there is some reason he doesn't want the results known. Which nobodt knows till you are done. Also you don't have any of those pesky USPAP confidentiality things to bother you (for whatever they are worth) and in some states the attorney is required by statute to pay you (with incentive of attorney discipline) if he retains you. No passing payment off to the litigants. I personally would not let both attorneys or adversaries hire me. That is asking for trouble and its the kind of conflict of interest the courts understand very well. It is doubtful even an appraiser with a good command of weazle words could wiggle out of it. Work for one side and if they want to agree that is up to them. Don't serve two masters whose job it is to beat each other. Appraisals just aren't that expensive and you don't need the stress.

 

[JSmith43]

I personally would not let both attorneys or adversaries hire me. That is asking for trouble and its the kind of conflict of interest the courts understand very well. It is doubtful even an appraiser with a good command of weazle words could wiggle out of it. Work for one side and if they want to agree that is up to them. Don't serve two masters whose job it is to beat each other. Appraisals just aren't that expensive and you don't need the stress.

Your comments make sense, from a defensive point of view. However, it has been my experience that if the divorcing parties both agree to rely on your report ahead of time, and credibly claim that they want to work things out in a process that minimizes the adversarial aspects of traditional divorce/mini-war of the roses scenario, that is really what they want!

I listen to clients. If they want to try a collaborative split, I will take a small risk, if it adds to their chances for a graceful identification and division of equity, free of attorney fees If there is an attorney involved, I tip my hat their way and suggest they ask.

 

[Tina]

Attorneys are involved already....

However, the parties are going to attempt mediation to resolve the property settlement.

I think my next move is to go back to the husband and advise him to consult with his attorney regarding the client issue.

Then when that's resolved, I'll deal with the engagement letter and agreement.

Thanks for the cards and letters folks! I appreciate the help

TB

 

[Mike Boyd]

Those of us that have been through nasty divorces know that the best intentions seldom end up that way. Once the trust and love is gone, it's eye for eye, tooth for tooth. One appraisal, one client. I agree with Edd.