Litigation work

[Lawrence R.]

Ok, let me start by saying that I don't think for minute that I am qualified for this, but I want your input anyway.

Please refrain from saying I am not qualified, as I have already established this.

What is the upside to litigation work? The down? Do you pretty much have to be the most highly decorated appraiser in the world, or what? How do you avoid needless hassles?

I would assume that someone might win/lose based on what you say, and that the loser may want some kind of vengeance on you.

I would think that your license would be on the line(right or wrong) everytime you raise your right hand.

How do you protect yourself from frivolous complaints?

How Bona fide do you need to be to do it?

Lemme know!!

 

[Karl]

Take law seminars, see how you react in a court room, think of lawyers putting on puppet show best puppeteer wins. Learn to NOT say anymore than you absolutely have to. Have verifiable data & believe in yourself. Don't take ANYTHING personnally.

 

[The Warrior Monk]

I don't do a lot of expert testimony, but I enjoy doing it and wish I did more. I do a lot of work that has the potential to go to court, but most of the real estate valuation issues get solved, not litigated.

I first testified when I had about five years experience under my belt, which IMHO, is not enough. Every single appraiser that has been on the opposing side has had double-digit years of experience: only one had less than 20 years.

If you plan on doing litigation work, I recommend working with someone who has extensive experience in doing so. There are certain ways that reports have to be prepared and ways of conducting oneself in a courtroom that have to be learned way before getting oneself involved is such situations. If you're good, pay is very good.

 

[Michigan CG]

I won't even consider it...I let my MAI boss do it...the lawyers are very good in some circumstances and unless you have done it, and are prepared you will get slaughtered. One of the above posts stated that 5 years was not enough experience...he is totally right.

EXAMPLE...my MAI boss had to go to court about a bankruptcy case, the lender was arguing the worth of the property and it came down to 1/2% cap rate argument. The opposing appraiser was from a big town. Fortunately our client had a good lawyer who questioned the out of town guy on the amount of time he spent in the area (one week), and how well he knew the area. Cross examination was to my boss, 35 years in the area, and fortunately we had appraised about 30 apartment buildings in the last 12-24 months. The client won the case basically on an arguement over 1/2% cap rate. My balls aren't that big...neither were the balls of the out of town (high priced appraiser).

I am planning on going to every litigation that my MAI boss does for the next five years to just get the idea of how it works, then maybe, but doubt it. There are some appraisers who stipulate in their reports that they will NOT do court testimony....have seen it many times. Why, because lawyers who specialize in these cases take appraisal courses. I have been in class with them, nice people, but they say they are there to learn how to beat the appraiser in court.

As a trainee you are ten years from this...at best. I am thinking I am ten years from this...at best.

 

[hastalavista]

I second David's post.

Obviously there are different levels of work involved when one says "litigation". Regardless of the level, this is the one time you know for a fact that your work is going to be scrutinized and challenged. Everything from your reporting format to your membership (or, lack of) in a professional association is going to be questioned. This is not the type of work (IMNSHO) where one can "bluff" the opposing side.

I assume that the opposing side always has someone much more experienced than myself working for them. This is never a problem when I'm within my area of competence; since I am advocating my value (and not any other position), if I know what I'm doing, my opposite will know I know what I'm doing too- this is how cases get settled (or, at least the valuation issue gets settled) before going to trial. If I don't know what I'm doing, however, it will become very apparent to the other side and may cost my client dearly.

 

[Elliott]

A. Take an AI course on litigation. Read Jim Eaton's book
on Litigation.

B. Get 5 or 10 years of experience.

C. Wait for the calls from attorneys who need an appraiser
who is willing to put up wiht litigation work. Charge more than
its worth.

 

[Lawrence R.]

Thanks So Far!!

I was wondering if you could comment to the getting alot of complaints sent in on you aspect.

Does that happen often? Do you find yourself defending your appraisal twice? Once in the case and then again to the board?

 

[Michigan CG]

A. Take an AI course on litigation. Read Jim Eaton's book
on Litigation.

B. Get 5 or 10 years of experience.

C. Wait for the calls from attorneys who need an appraiser
who is willing to put up wiht litigation work. Charge more than
its worth.

Best advice I've seen today...

 

[Ken B]

A. Take an AI course on litigation. Read Jim Eaton's book
on Litigation.

B. Get 5 or 10 years of experience.

C. Wait for the calls from attorneys who need an appraiser
who is willing to put up wiht litigation work. Charge more than
its worth.

I would only disagree with the "wait for the calls" part. Go smooze the legal assistant and/or receptionist. Give her your card, smile, make her feel special. Now wait for the call. Dress the part when you sit down with the attorney. Do not waste his/her time.

 

[Terrel L. Shields]

What is the upside to litigation work?

Frankly, there is no up side. Just another fee.

wondering if you could comment to the getting alot of complaints sent in on you aspect

It happens, especially if you are a liar; especially if you prostitute yourself to some tort law firm and do their bidding. Currently my state is investigating an appraiser. He has a complaint also filed in MO. He never appraised a property in either state until a tort firm hired him to appraise poultry farms for a class action they were doing. He appraised some 12 farms. In each case, he found the value to be about 50% of what the farms were sold for and what they had previously appraised for. He had to do the same thing any skippy would do to hit the number. Cherry pick data, inflate expenses, deflate income. Gave "no value" to items every other appraiser gave value to. He testified in court that he did not look for sales in the MLS but relied solely upon the assessor, Farm Credit and Farm Services for sales data. He testified that "ALL" Hmong sales were not arm's length but he did not research "ALL" sales....[so how do you know] Since some Hmong sales were to people who worked for the poultry companies and some sales were sold BY Hmong TO Hmong with Hmong realtors..???

When you are stupid enough to do that, then someone is going to call your bluff. We'll see what we see when this gets before the board. His lawyers are now fighting vigorously to save their star witness's reputation and license....

stated that 5 years was not enough experience

no amount of experience prepares you. But the larger your report, the worse grilling you get. Keep it extremely simple if possible. Don't explain a lot because you'll get to do that on the stand. Remember, they are going to ask questions that they already know the answer. They are not going to ask you questions which could backfire on them. Any deviation between what you wrote and what you said...that is their wedge issue.