Testimony question

[Larry Phillips]

My best testimony was when I realized that the Attorney asking the question is trying to inform the Jury as to his or her point of view.
The appraiser is asked questions that will inform the Jury and assist them in arriving at the appropriate decision.
Give the Attorney asking questions your full attention. Then direct your answers to the Jury.
You are educating the Jury regarding your appraisal, and they deserve your full attention during the answer period.
Testifying is stressful, and it is not for every appraiser.
Remember that in some cases your appraisal may be in litigation for years before you are called to testify.
Best Regards

 

[Artemis Fowl]

A great way to relax and feel at home during testimony is to take off your shoes and socks and clip your toenails while you answer questions. The next level would be clipping during the questions and filing while answering. Once you get to that you've really honed your testimony skills!

Love it. He wasn't asking for more advanced strategies tho...

 

[Tom D]

You want the emphathy of the person/s who is going to make the decision/s.

 

[Larry Phillips]

Love it. He wasn't asking for more advanced strategies tho...

In the courtroom, the appraiser is treated as a professional. There is no minor league, while the appraiser gets up to the correct level. There is no excuse for improper preparation or presentation.

 

[Artemis Fowl]

In the courtroom, the appraiser is treated as a professional. There is no minor league, while the appraiser gets up to the correct level. There is no excuse for improper preparation or presentation.

Very aware of that thanks. Do multiple appeals per year where I present to the court. Was appreciating a joke.

 

[Mark K]

Remember that in some cases your appraisal may be in litigation for years before you are called to testify.

My record for being involved in one was 9 years. From the time the case was filed, tried, appealed, went to the state supreme court where they decided the trial judge made errors, back to start over with another judge, and finally trial by jury again and the owner essentially lost.

Day before trial the state offered the owners $300K, owner refused, jury came back with $180K award. Owner was asking for 950K.

 

[ZZGAMAZZ]

Because the dialogue has ceased, please allow the thread to digress: every McKissock course on litigation appraisals insist that an appraiser cannot provide an OV and also assist his attorney client by revealing faulty aspects of the opposing OV because to do so is consulting service--but my mentor who provides dozens of marital dissolution apps each year provides both services in 90% of the assignments. Peer perspective?

 

[Essexfenwick]

Question .

If you get your *** kicked in cross examination or by opposing appraiser could you be sued?

 

[ZZGAMAZZ]

Question .

If you get your *** kicked in cross examination or by opposing appraiser could you be sued?

Listen Socrates, to teach by questioning might be the 4th Approach to appraisal methodology, but your smart *** answer is about as helpful as the proverbial zzz-kicking to which you apparently ascribe. If you're implying that to provide both roles is indeed inappropriate because it exposes an appraiser to liability, how is that different than the exposure inherent in being cross-examined by opposing counsel for results of an appraisal report--although TBH I don't know if a faulty appraisal discussed under oath the basis of potential litigation! If I understand the premise described by McKissock, in absolute terms, the problem is based upon the potential conflict of interest posed by providing both services in a single assignment/case. But if to do so is as inappropriate as the courses teach, why is it common practice; and if so, why wouldn't at least one of the opposing counsels and/or opposing appraisers contestested this appraiser's dual role, seeing as how he appears to be the preeminant legal appraiser throughout a relatively large market area of Southern California? My post was sincere, with potentially significant implications. Regards. XXGAMAXX

 

[ZZGAMAZZ]

In the courtroom, the appraiser is treated as a professional. There is no minor league, while the appraiser gets up to the correct level. There is no excuse for improper preparation or presentation.

Perhaps a silly question, but is the appraiser's credibility questioned if, for example, a report includes a typo, or a very minor math error????