What to charge for court appearance?

[residentialguy]

I put this in all my appraisals:

COURT APPEARANCES
If the appraiser is to appear in court, at a deposition, or any type of legal proceeding (initiated by any party's attorney, or through a subpoena), a retainer will be required in advance (minimum of $2,500). The fee is a minimum of $250 per hour and subject to change, including all preparation time, travel time and time rendering expert witness testimony. Travel expenses will be billed separately

 

[Pittsburgh Pete]

I put this in all my appraisals:

COURT APPEARANCES
If the appraiser is to appear in court, at a deposition, or any type of legal proceeding (initiated by any party's attorney, or through a subpoena), a retainer will be required in advance (minimum of $2,500). The fee is a minimum of $250 per hour and subject to change, including all preparation time, travel time and time rendering expert witness testimony. Travel expenses will be billed separately

Nice try but won't work if you are subpoenaed.

 

[residentialguy]

Well...we'll see.

 

[Pittsburgh Pete]

Well...we'll see.

You will see. If subpoenaed as a witness of "fact" they will not pay you your desired fee--they don't have to and probably won't. If they want to have you as an "expert" witness, they will have to pay. There is a world of difference between the two.

 

[residentialguy]

You will see. If subpoenaed as a witness of "fact" they will not pay you your desired fee--they don't have to and probably won't. If they want to have you as an "expert" witness, they will have to pay. There is a world of difference between the two.

I know. I'll keep it, anyway. At worst, it does nothing...but may help me get more than it would without it. And if it is shown to be a frivolous lawsuit, it may help with recovery. Two can sue.

 

[PropertyEconomics]

Nice try but won't work if you are subpoenaed.

I have been subpoenaed many times and I have never accepted a "witness fee" ... my fees are based on expert testimony. Has not failed for me yet.

 

[Webbed Feet]

I completed an appraisal for a someone that is suing the county/parish for tearing down a distressed 4-plex that they should not have. The lawyer has asked me if I am available on the upcoming court day. I have never been asked to go to court and am unsure of what is fair to charge. I am aquainted with the property owner so it was a $400 assignment if that matters. I will likely show up, wait then have to go home without talking to anybody. Has anyone done this and what did you charge? I want to be fair but get paid what is normal/reasonable. Was it by the hour? Day????

John

In the future.. NEVER take such an assignment without having an engagement contract that spells out your agreed fees for court time BEFORE you do any appraisal related activity.

 

[Michigan CG]

.......a retainer will be required in advance (minimum of $2,500). The fee is a minimum of $250 per hour and subject to change,...........

Well no one can blame you for not being ambitious. Did you recently attain you MBA, PHD and MAI and are you referring to testimony about the nuclear plants you appraise?

It is my opinion that one has to be realistic and your $250/hour fee is equivalent to $10,000 per week at a 40 hour week. It would be hard to justify any residential appraiser yet alone a commercial appraiser being worth $10,000/week.

 

[Pittsburgh Pete]

I have been subpoenaed many times and I have never accepted a "witness fee" ... my fees are based on expert testimony. Has not failed for me yet.

Not if you are subpoenaed as a witness of fact--the court issues the subpoena and makes the rules (at least around here). You can be compelled by the court to testify about you appraisal but you shouldn't opine (or decline to opine) on anything else outside of the appraisal unless and expert witness fee is forthcoming.

Just happened to us within the last month.

 

[residentialguy]

Well no one can blame you for not being ambitious. Did you recently attain you MBA, PHD and MAI and are you referring to testimony about the nuclear plants you appraise?

No, I don't have those things. Neither does that lawyer making more than that amount. Where I may be ambitious, you seem to be equally challenged in the opposite direction. The SOW is greater as an expert on the stand in a court of law, and as some have posted, their court fees exceeds what I have stated. So...if you don't mind, (or even if you do) I'm going to stick with the full glass approach to my worth and have them try to prove that I am worth less, rather than your AMC approach of you're not worthy.