Subpoena Received

[Pittsburgh Pete]

Refer them to the Statements and Limiting Conditions #4 in the Certifications. You are not required to appear in court UNLESS....

That's all well and good--but a subpoena is a subpoena. They don't give you a choice, UNLESS or not! You can always choose to be held in contempt of course--that would be your only option with a subpoena.

 

[Lee Lansford]

You can engagement letters and arrangements made ahead of time, but if you are subpoenaed, you are subpoenaed. Question whether Mr. Weaver's approach would work-don't know why a client would sign such a one sided agreement. If "anyone" subpoenaes you, the client is to pay?

...

To answer your question: Yes, if the agreement is such, the client does pay.

I know that my agreements with my clients contain this arrangement.

 

[J Grant]

Agreements are only as good as the client honoring them. But one would hope if an attorney signs such an agreement, they would have good intentions. IF the HO or other party signed it, their attorney would probably advise them such an agreement is not binding.

 

[The Warrior Monk]

FWIW, the first time I ended up appearing in court dealt with this issue. I had agreed beforehand to accept a particular assignment under the condition no court testimony was required. They ended up needing testimony, I refused to go as previously agreed with the client, and a subpoena became a possibility. However, they also didn't want a hostile witness on the stand, plus I would only be a witness of fact. In the end, I agreed to go, after getting a rather large appearance fee.

The issue is knowing how to handle the situation. If the appraiser gets subpoenaed, doesn't object, and goes up there and gives expert testimony, that's the appraiser's fault.

 

[William K]

Be sure to get payment in advance or at the end of day of testimony. Attorneys have been known to not pay and delay payment in circumstances where they didn't want to pay for the expert witness testimony to begin with.
If the attorney is responsible for payment get it in writing!

 

[The Warrior Monk]

The attorneys I have dealt with pay in advance. The reason is that not being paid prior to testimony can give the appearance that the fee is dependent on the outcome; i.e., the appraiser is biased.

 

[NorthTexValuation]

I would highly rec. you at least consult with a good real estate attorney prior to your testimony.

 

[knadave]

This is one of the risks of private assignment work. This is why I don't want it. Some appraisers go after this kind of work and do not anticpate the downsides. Agree with Pitts Pete...a subpeona means you have to show up, aka, even if your wrote an engagement letter, your "client" could just refuse to pay and subpeona you. These are not "clients", execpt in the fact that they engaged you for one appraisal , they owe you no loyalty, no money, and will do what is best for THEIR client, the party in the divorce case

Most likely you will lose money for this time spent in court, if it were me, I'd answer truthfully and not play games...though you are not called as a paid expert witness, I don't see how legally it is to your advantage to suddenly act like an idiot and pretend you know nothing about the subject property .

I have been subpoenaed over 50 times and have never gone to court without being compensated for my time and expertise. I simply call the attorney that sent the subpoena and tell him/her my hourly rate and minimum charge, usually 4 hours. I also tell them that I need the check in advance or I will not be there. Do not bill them unless you have a good relationship with them. If the borrower is to pay, get the check in advance also. One of my appriasers testified for a bankrupcy several years ago. I told him to get paid in advance, but he did not listen. He went to court, spent close to an entire day there then handed the attorney an invoice afterwards. The attorney told him to give to his client, the one that was just awarded a bancruptcy by the court. He never got paid.

9 out of 10 times they will change their mind and decide they do not need you, once they relize they have to pay for your services. Attorneys are great, they are the only ones that think their time is worth money, everyone else works for free. This is simply a way to scare most in to providing expert witness testimony for free. Just say: no pay - no show. There are not many judges that will force you to testify without pay. If I am ever forced to testify, my answer to every question will be "at this time I do not recall".

 

[OSU Beavers]

FWIW, the first time I ended up appearing in court dealt with this issue. I had agreed beforehand to accept a particular assignment under the condition no court testimony was required. They ended up needing testimony, I refused to go as previously agreed with the client, and a subpoena became a possibility. However, they also didn't want a hostile witness on the stand, plus I would only be a witness of fact. In the end, I agreed to go, after getting a rather large appearance fee.

The issue is knowing how to handle the situation. If the appraiser gets subpoenaed, doesn't object, and goes up there and gives expert testimony, that's the appraiser's fault.

This situation keeps coming up here on the forum, and it would be nice to get a straight answer as to what facts are you allowed to testify to?

Also what questions are you allowed to NOT answer unless the judge orders to?

 

[Pittsburgh Pete]

This situation keeps coming up here on the forum, and it would be nice to get a straight answer as to what facts are you allowed to testify to?

Also what questions are you allowed to NOT answer unless the judge orders to?

"I did an appraisal with a value conclusion of X." Those are facts--and given confidentiality matters, cannot be answered unless the judge orders you to. How you arrived at the value and the analysis of the sales that got you there go beyond facts--analysis is the stuff of an expert.