Subpoena for deposition

[StephHigdem]

Happy Monday... my day started with a subpoena for a deposition.

I was contacted by a local lawyer in June to appraise a home for current market value. That is the sum total of the information I was given. OK. I go out, do my thing, send the report.

Got served this morning.

Call my client. They said - yeah, we knew they were going to. OK, do you want me to come in & go over this or anything? No, but we do have a nice 15 minute video on the deposition process your welcome to come in a watch.

Is this normal? I would have thought my client would like to have some conversation prior to deposition.

Any input would be appreciated (and yes, I have trolled through all the recent threads - all helpful).

 

[The Warrior Monk]

If you are supeonaed, you are not an expert witness, simply a witness of fact. I would suggest the following:

• Have the attorney get rid of the supeona and hire you as an expert witness; or
• go to court and be a hostile witness.

 

[Mike Kennedy]

"I would have thought my client would like to have some conversation prior to deposition."


Scope of Work issue; YOUR requirement(s) must be stated in your engagement letter and signed off on by the client.

 

[Elliott]

Its no different than your wedding day, show up on time and don't
be too drunk, try not to throw up on the bride or stenographer.

I'd go watch the video. What was the original 'purpose' of the
appraisal? What are they fueding over?

 

[Michigan CG]

http://appraisersforum.com/showthread.php?t=142719

Read that, and in it you find links to many other discussions on this.

 

[stefan olafson]

Steph,

What and why on the original appraisal? Was your client the attorney? Was your client a homeowner? Was your client a lender?

What definition of Market Value did you use?

Why the deposition? too high? too low? all wrong?

I would guess you should know all that and maybe contact a friendly attorney and ask for their input. I wouldn't want to go into a court hearing without knowing why I was subpeoned....

 

[Lee Lansford]

...

I was contacted by a local lawyer in June to appraise a home for current market value. That is the sum total of the information I was given. OK. I go out, do my thing, send the report...



Any input would be appreciated (and yes, I have trolled through all the recent threads - all helpful).

Intended Use?

Intended User?

Letter of Engagement?

 

[StephHigdem]

Intended use - estimate current market value
Intended user - attorney A - my client; with an understanding that Attorney B would also get a copy.
Engagment Letter - 1 page fax with property info only. (This is a small town & an attorney my boss has worked with for 20+ years - may not be good business practice, but there it is.)
Reason for litigation - I haven't a clue - my client didn't tell me then & doesn't appear inclined to tell me now.
Definition of market value - standard Fannie/FIRREA definition

 

[stefan olafson]

Steph,

Even is a small town the legal system can be very strange! Ask your boss who you should contact. Don't go into a court room to testify without knowing what the heck you're there for!

If there are two attorneys involved, I'd get my attorney involved also. You could be strung up by one or both without knowing why you're there before hand.

 

[Rick Wood]

Rick Wood

Do you always work under such an arrangement, as either a fact witness or expert witness?

Or did you not know that they would call you as a witness? What preparation has the client and his attorney done with you in anticipation of your testimony?

Rick Wood