Relating to deposition

[Atlanta CG]

This question has always bothered me, after hearing about one appraiser on the stand being grilled by the opposing attorney. If the attorney asks, "Could you possibly have made a small error...?" If you say, "No,", then you appear to be perfect and no one, not even my kids (to their surprise), is perfect. Yet if you admit any possibility, then your credibility is broken. How do you answer this type of question?

 

[Austin]

This way: "It all depends on how you define the word, "error." I did not mess around with that appraisal. If by error you mean, margin or error, then the answer is yes as margin of error is part of the process. But, if by error, you mean a mistake of practice, then the answer is no because I was using legally required standards. Error does not exist until it has been demonstrated. Do you have any evidence of error or are you just trying to confuse the jury?

 

[David S. Roberson]

Just answer "Yes, it is possible." That's all. Do not try to explain. Of course it's possible.

 

[Larry Lyke]

Herr Attorney:

"Would you be more specific!"

 

[Dick Dolman]

I was asked that very question once. It was not an appraisal but a lending issue. My response was, "No more so than you, opposing counsel or his honor." The judge snorted and the question was withdrawn.

 

[Tom Hildebrandt]

Interesting topic and question.

I have never been asked the question directly. I have taken the stand knowing I had an error or two in my reports, and the first thing the attorney (my client) did was correct the record on those issues. Better to steal the thunder than get bludgeoned with it. Shows a degree of integrity and reasonablness as well.

Certainly I have been grilled on differences of opinion, and attempts to suggest that the way I handled a particular item was wrong, but if you know the basic textbook discussions on a particular methodology or whatever, this line of questioning can be deflected by suggesting that different techniques and methods get selected by appraisers for different reasons, that there are usually several ways to solve a particular problem and that not every way leads to the same conclusion.

Regards

Tom Hildebrandt GAA

Regards

Tom Hildebrandt GAA