Urgent: Advice Needed

[Doug in NC]

An attorney called & left message today, asking that we appear in court to attest to our appraisal. At time of inspection, client told us appraisal was done because he had a buyer interested in buying his home. This is apparently not the case. Attorney mentioned that another appraisal had been done and our value was about $50K below the other appraisal. I am not even sure if this is a divorce situation or what.

Attorney called today and court date is tomorrow. There is no way we would be ready for this. Anyway, attorney message also indicated that appraisers are usually paid $75/hr. for testimony (attorney said it should only take about 15 minutes). My understanding is that appraisers usually charge a minumum fee, including time lost going to and from courthouse. I would figure at least a half day of work could potentially be lost as a result of going to court. What do you think?

Finally, has anyone else ever had this happen (client lied about use)? If for no other reason, I wouldn't want to help this guy because he misled us as to the reason for the appraisal. If this had been known upfront, we would have charged more just for the potential of being asked to appear in court on this assignment.

 

[Otis Key]

Was the appraisal ordered by a lender? Get them to issue a subpoena. You're the appraiser so I'd say you set the fee and somehow get it brought up in court that you haven't been paid and what the amount is going to be. Then it's on record and I can guarantee that you'll get paid.

Never happened to me but then I guess I've been lucky.

 

[CANative]

$200 per hour is a more typical rate for court testimony.

If you have not been ordered by the court, tell the lawyer to take a hike.

 

[Marty Skolnik]

Some of us have a contract with out clients that spells out what our hourly rate will be for testimony, including travel time from office to courthouse, waiting at the courthouse to be called to testify, then the drive back to the office. Don't let the attorney tell you any differently. You get paid for NOT being at your office... and that most definiately includes sitting around waiting to be called to testify. Your expert witness fee includes waiting, not just the time you are on the witness stand!!

I've never been stiffed on an expert witness fee, be I've read some threads (either on here or another site) that talks about what you can do to make sure you get paid. Several suggestions:

1) Have your attorney call the other attorney and make sure that the other attorney realizes that you are going to be providing professional, expert testimony at $zzz per hour including wait and travel times.

2) Tell the attorney that unless he agrees IN WRITING to your fee, don't show up. You aren't being subpoena'd, right? If the attorney does not make the appropriate fee arrangements with you IN WRITING PRIOR TO YOUR APPEARANCE, then you don't have to show up. In some cases, I have asked for a retainer prior to showing up to make sure that the attorney or client doesn't stiff me.

3) If you get a subpoena, have your attorney (or you) call the judge and explain that the attorney isn't willing to pay your customary fee. Typically, judges don't have a lot of sympathy for lawyers that try to short-fee professional witnesses.

4) Clients lie all the time about the purposes of the appraisal. No big deal -- just make sure that, in the future, you have a written agreement that spells out your testimony fees too, just-in-case.

Good luck.. let us know how it goes!!

Marty Skolnik
Baltimore, MD

 

[Andy Taylor]

What was the stated intended use of the appraisal in your report?

For determining a value for the potential sale of the subject or for court purposes?

If for marketing purposes don't see how you have any obligation to appear in court. Unless subpoenaed (sp?) by the court.

If forced to testify about the appraisal in court I would be sure to mention the clients verbal statement of intended use and my written statement of intended use.

 

[George Hatch]

If you reported the intended use and intended users in your report the way that they were communicated to you, the subsequent misuse of the appraisal should stand out for what it is. If you do end up testifying, it would be good to be able to comment that you might have built your workproduct differently had you been made aware of this other use, and then be able to describe how it would have been different.

 

[Mike Garrett RAA]

It is typical to have a minimum fee for court appearance. I quote $zzz for prep, $zzz appearance fee which includes my travel expenses. Do not let them pay you for just 15 minutes to testify. Read your certification on the appraisal in question...what does it say?

 

[Robert Anderson]

I would not appear in court unless served with a subpoena. If served with a subpoena, I would appear in court, but the attorney would learn the down-to-earth meaning of the term hostile witness.

 

[A. P. Grice]

Between a third and a half of our work is litigation valuation - menaing it is headed to court, unless the case gets settled beforehand. As others have said, unless the sheriff delivers a subpoena, you don't have to show. If the attorney is a real jerk, I imagine you could always show up and answer "I dunno..." to all his questions. The next time he might plan more than a day ahead.

Our hourly rate is also significantly higher than that quoted by the attorney. We charge for the original appraisal, exhibit prep, travel and time just spent waiting to testify. On a high-profile, high value case, I once spent *four days* in the witness room waiting to testify - and then was never called. Big mistake...they lost. The client got a big bill anyway.

Cheers

 

[Elliott]

Doug,

1. What is the court case about?
2. Why would it take you time to "prepare" for court....what do you
have to do? I assume this is a standard residential report....they're
not that complicated.
3. I don't care what an attorney would say my "rate" should be. Unless
your a popular cause du jour adopted by the Republicans, this is still a free country.
4. I wouldn't go the subponea route....to hostile. I've always seen my
role as being an expert and a friend of the court.

elliott