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This Is New To Me

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Stephen J. Vertin MAI

Senior Member
Joined
Jan 17, 2002
Professional Status
Certified General Appraiser
State
Illinois
I am sure someone has had this experience... it simply has never happened to me.

I am working on a court case. The client changes attorney's in the middle of the process. New attorney admits to not working with appraisers much. My appraisal report is completed accept verification of some germane data. Explain to the client and he ask me to develop a draft which was basically the final report with draft across the page. I explain to him the rules and add that the purpose of issuing a draft cannot be to allow the client to improperly influence the appraiser and how we are required to keep copies so....there is actually nothing known as a draft (as he believes). I am trying to help the guy understand the process. He sounds annoyed by our pesky rules stopping influencing but nothing I have not heard before and so...I head out for last holiday weekend.

Took some additional days and got back last night. Have a message from the attorney basically wanting me to repeat what I said on Friday (he called yesterday). Still did not receive a call from germane data source so I called him back this morning to find out what is going on (a Government Source where they are suppose to answer your questions).

Get an email from the lawyer stating they would no longer be needing my service and to send them an invoice plus my files. I am thinking the case was settled, so I write back and claim the report done (as I told him Friday) and I don't give files. Further I stated, if the case was settled what does he want with the files?

He writes back and tells me I am terminated and what I can and can not do with my files. This is getting weird. I am truly shocked. So I ask why I am being fired and I get an almost nonsensical response. Truly, it was gibberish. The only think I can think of is he did not like the discussion about the draft report.

It is almost comical because the other side let me into the property and talked to me at least 10 to 20 times. It was the most reckless thing I have ever seen an attorney do. These are all facts. I actually got along with the guy fairly well. Further this was not a matter of the report long over due. They did not even have a hearing date.
 
Last edited:

nstanbru

Senior Member
Joined
Feb 19, 2009
Professional Status
Certified General Appraiser
State
California
I hope you at least got a retainer in case you never see the final check. I'm with Terrel and JTip, send him the invoice, after all, he asked for it. The client paid for an appraisal and a report which does not include your files.
 

Mike Kennedy

Elite Member
Joined
Sep 28, 2003
Professional Status
Certified Residential Appraiser
State
New York
OP "I am working on a court case. The client changes attorney's in the middle of the process. New attorney admits to not working with appraisers much."

Recommend advising your Client of his/her lawyer's interaction with you along with an invoice for "time served to date" and best wishes.
 

leasedfee

Member
Joined
Oct 14, 2007
Professional Status
Certified General Appraiser
State
Colorado
I'm with Terrel. Not your problem nor your boat to captain.
(Often I have had the attorney as my client; they want great client-attorney protections or whatever.)
 

Thomas Holding

Junior Member
Joined
Jan 22, 2004
Professional Status
Certified General Appraiser
State
North Carolina
He writes back and tells me I am terminated and what I can and can not do with my files. This is getting weird. I am truly shocked. So I ask why I am being fired and I get an almost nonsensical response. Truly, it was gibberish. The only think I can think of is he did not like the discussion about the draft report.

It is almost comical because the other side let me into the property and talked to me at least 10 to 20 times. It was the most reckless thing I have ever seen an attorney do. These are all facts. I actually got along with the guy fairly well. Further this was not a matter of the report long over due. They did not even have a hearing date.

I have seen lawyers representing a county, give my client (also an attorney) a "Draft" report during the discovery phase leading up to a property tax hearing. At the last minute, the county brings a final copy of a signed and certified appraisal to the negotiating table so that my client does not have time to carefully read it and prepare and possibly rebut its conclusions. It's a sleazy tactic but it happens a lot in tax appeals. Maybe this is what he was trying to do.
 
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