Expert witness

[Mike Kennedy]

I hope I'm not offending you, but, you are apparently not prepared for this. When I testify as an expert, I come prepared with a veritable arsenal of high yield nuclear appraisal weapons. I expect, each and every time, that I will be up against a Clarence Darrow type of attorney. I spend lots of time dissecting any opposing reports and performing full Standard Three reviews of each of them where necessary. If any of the opposing reports were not written by appraisers, I still bring enough information to blow them into millions of tiny pieces. I read, re-read and re-read again the applicable version of USCRAP making sure that I understand not only how what I wrote stands up to it, but any opposing reports as well. I also usually brush up on all applicable state statutes and administrative regulations. I prepare written reference notes containing what I expect will be the most salient points of contention. I have long and thorough pre-trial conferences with the attorney or attornies who hired me. All this - and more. Be prepared - times ten!

This request appears to have caught you off guard. It is unlikely your appraisal was prepared to a high enough standard to withstand a major legal attack. If I were in your shoes, I would stay as far away from this as you possibly can.

Seconded. Excellent advice.

 

[Atlanta CG]

Never, ever, expand your answer on a question. If you are confused and your attorney is cleaning his nails, turn to the judge and ask a question (but not very often). You can be the techie guru on USPAP but the judge can ignore USPAP as well and tell you he (she) does not care what USPAP says. It holds little sway in his (her) courtroom.

 

[David Mescon]

Never, ever, expand your answer on a question.

That is super good advice (almost all the time)!

 

[Elliott]

John M said, Never, ever, expand your answer on a question.

Well, I don't know about that. If an attorney starts leading you down the path
of 'yes' or 'no' answers only, its time to explain the 'yes' or the 'no' so
you don't get lead into the dead end alley. I think you listen carefully to
the question and answer it accurately and succinctly. In general, you only
have to answer tough questions once, so if you do a good job in your
answer, that's the end of that tough question (unless 'your' idiot attorney expands
on it and then you get to explain it again on re-direct). Sometimes your
testimony is only as good as the attorney who has retained you, really.

To the OP question, I use to attend trials and watch appraisers testify in divorce and
condemnation cases. You'll see lots of bad testimony and a few good experienced
expert witnesses. Some court cases on TRU Tv have expert witnesses testify from
time to time and they are good to watch.

 

[prasercat]

This request appears to have caught you off guard. It is unlikely your appraisal was prepared to a high enough standard to withstand a major legal attack. If I were in your shoes, I would stay as far away from this as you possibly can.

I can feel a lot of empathy for the OP in this situation and your detailed post seemed very helpful.

David, while I have only done some divorces and estate related appraisals, I am now educating myself regarding expert witness testimony, since I would really like to do more legal work in earnest. Since you are so experienced as an expert witness, can you advise people like the OP and those reading the thread (and myself) if there is a proper progression in doing legal work? Are there certain types of legal work that are best for the un-initiated expert witnesses to gain expertise and from which to spring to more complex scenarios?

I'd guess a condemnation case is going to be for the more experienced E.W. My sense is that marital dissolution is a good place to start. Does this make sense, or is it all pretty much the same from an E.W. standpoint? I would guess that as the money behind the interests increases, so does the nastiness of the lawyers and the need to be an "expert" expert witness.

 

[Verne Hebert]

The first time always memorable, is it not? I think it is a great opportunity.

Did you do your report on a 1004 form? If so it is a FIRREA definition of market value. This is important.

Having done alot of condemnation appraisals (for the entity) , the definition of MV is covered under "The Yellow Book", normally. No worry, just wanted to share it for general discussion.

Do not take your appraisal file to court.....Do not take your appraisal file to court. You do not have your working file with you.

You may not have the opportunity to attack the other appraisers work, but your attorney can, if you help him.

Be ready to undergo the attack. Take your time and speak when you are ready, you are in charge up there, not the opposing attorney.

Good Luck! Have Fun! Bill Generously!

 

[David Mescon]

I see lots of good advice here. It's really encouraging.

Prasercat, it sounds like you're on the right path. Marital dissolution, and simple business dissolution work is often on the "easier" side. Unjust foreclosure work tends to be pretty straightforward too. Condemnation, inverse condemnation and seemingly straightforward diminution of value assignments tend to be among the most complex. Definitions of market value will vary; courts' consideration of USCRAP will also vary, although in my personal experience, as well as that of the majority of other appraisers I know, most judges could care less about it. I agree with Verne's closing line - good luck, have fun and bill generously!

 

[Walter Kirk]

Take the opposing appraisers report apart, fact by fact, adjustment by adjustment and find all of the errors in it. Then do the same thing with yours.

 

[Michigan CG]

Verne gives good advice.

Make sure you have an engagement letter.

Find out if the attorney you are working for has the other appraisal. You need to make yourself available to review this appraisal.

Make sure you use the correct definition of value. Your report should be on the general purpose form.

Find a local appraiser you respect and show him/her your report for another opinion.

 

[David Mescon]

Verne gives good advice.

Make sure you have an engagement letter.

Find out if the attorney you are working for has the other appraisal. You need to make yourself available to review this appraisal.

Make sure you use the correct definition of value. Your report should be on the general purpose form.

Find a local appraiser you respect and show him/her your report for another opinion.

All excellent suggestions!