Terrel L. Shields
Elite Member
- Joined
- May 2, 2002
- Professional Status
- Certified General Appraiser
- State
- Arkansas
Actually, I have been sued and made some of the same mistakes I am telling you not to make...
We are seeing with some regularity that appraiser are being sued. They post here under their real names and are given a wide variety of (harmful, occasionally useful) information...BEFORE YOU GET SUED...read this
1 - don't post under your real name. Lawyers google up your name for any remark you have made..You can disguise your name easy enough that it cannot be googled successfully unless they know your "handle".
2 - if you have E & O, your first call is to them. But having said that, do not trust your fate to the Insurance company. They will be happy to throw you under the bus for a small settlement.
3 - NOW, not later. Get acquainted with a lawyer you can trust. You never should be in a position that you have avoided lawyers to the point that none of them recognize you when they meet you. I know at least one-half dozen, some with political connections (the more the better). Someone said they couldn't afford the $10,000 up front fee....welllll, if you knew a good lawyer I am sure they could be more practical than that. You aren't hiring F. Lee Bailey.
4 - Know when to hold them, know when to fold them. If your case is weak, you need the very best lawyer you can find. $10,000 is cheap compared to what you COULD lose. If your case is strong then any decent old dog can probably prevail. If you are forced to settle or stand almost certain to lose...then settle. But boy, your butts a meatball from then on. You just as well paint rings on your back. Remember you might use a good research lawyer for the first part but if you actually have to try it in court, it might be best to hire a specialist to do the actual trial.
5 - Don't defend yourself...the old axiom that someone who defends themselves have a fool for a client is true....that doesn't mean you cannot do some of the leg work for your lawyer, file papers yourself, etc. Offer to do those chores lawyers don't like to do anyway. This is really where that personal relationship with a lawyer pays off. A little legwork, maybe a free appraisal for some estate thing they are working on as payment...whatever.
6 - Remember, there are a number of ways of defending yourself over an appraisal. You can argue privity. You might argue the statutes of limitations. You can argue you are right. But don't make roundy 'bout broad accusations and no specifics. If the judge asks you to refile a reply with more specificity do it, don't rehash the old argument..actually get down to stating the facts requested. I watched a trained lawyer write a not so brilliant 6 page dissertation upon why we were concealing facts from his clients when the court asked him to specify what we did and to specify why the statutes of limitations should be tolled. He never really said we did this or that but argued that such facts were hidden from his client but they suspected they were being lied to at the time. And the judge picked up on that and asked him a simple question. If it was hidden, why did they suspect anything? And if they suspected it, then the SoL cannot be tolled. The clock had to start then (6 years previously)...BTW, you can be sued anytime for anything, but the longer it has been the higher the bar for the plaintiff to jump.
7 - An' Fer crying out loud, if you post here remember you are going to get more advice than you can swallow. Sift it carefully for the gems.
We are seeing with some regularity that appraiser are being sued. They post here under their real names and are given a wide variety of (harmful, occasionally useful) information...BEFORE YOU GET SUED...read this
1 - don't post under your real name. Lawyers google up your name for any remark you have made..You can disguise your name easy enough that it cannot be googled successfully unless they know your "handle".
2 - if you have E & O, your first call is to them. But having said that, do not trust your fate to the Insurance company. They will be happy to throw you under the bus for a small settlement.
3 - NOW, not later. Get acquainted with a lawyer you can trust. You never should be in a position that you have avoided lawyers to the point that none of them recognize you when they meet you. I know at least one-half dozen, some with political connections (the more the better). Someone said they couldn't afford the $10,000 up front fee....welllll, if you knew a good lawyer I am sure they could be more practical than that. You aren't hiring F. Lee Bailey.
4 - Know when to hold them, know when to fold them. If your case is weak, you need the very best lawyer you can find. $10,000 is cheap compared to what you COULD lose. If your case is strong then any decent old dog can probably prevail. If you are forced to settle or stand almost certain to lose...then settle. But boy, your butts a meatball from then on. You just as well paint rings on your back. Remember you might use a good research lawyer for the first part but if you actually have to try it in court, it might be best to hire a specialist to do the actual trial.
5 - Don't defend yourself...the old axiom that someone who defends themselves have a fool for a client is true....that doesn't mean you cannot do some of the leg work for your lawyer, file papers yourself, etc. Offer to do those chores lawyers don't like to do anyway. This is really where that personal relationship with a lawyer pays off. A little legwork, maybe a free appraisal for some estate thing they are working on as payment...whatever.
6 - Remember, there are a number of ways of defending yourself over an appraisal. You can argue privity. You might argue the statutes of limitations. You can argue you are right. But don't make roundy 'bout broad accusations and no specifics. If the judge asks you to refile a reply with more specificity do it, don't rehash the old argument..actually get down to stating the facts requested. I watched a trained lawyer write a not so brilliant 6 page dissertation upon why we were concealing facts from his clients when the court asked him to specify what we did and to specify why the statutes of limitations should be tolled. He never really said we did this or that but argued that such facts were hidden from his client but they suspected they were being lied to at the time. And the judge picked up on that and asked him a simple question. If it was hidden, why did they suspect anything? And if they suspected it, then the SoL cannot be tolled. The clock had to start then (6 years previously)...BTW, you can be sued anytime for anything, but the longer it has been the higher the bar for the plaintiff to jump.
7 - An' Fer crying out loud, if you post here remember you are going to get more advice than you can swallow. Sift it carefully for the gems.
