Posted by Appraisal Institute Staff
Real estate appraiser Stephen D. Roach, MAI, SRA, and attorney Thomas R. Malapit, Jr., Esq. discuss ways appraisers help attorneys prepare for expert witness testimony in the Appraisal Institute’s latest video.
Attorneys look for important attributes when selecting an appraiser to assist with preparing expert witness testimony.
AI: As an attorney, what do you look for when selecting an appraiser to serve as an expert witness?
TM: I like to use the acronym “FACTS” when I outline the most important attributes I want in an appraiser who’ll testify. That’s F-A-C-T-S.
“F” stands for “factually detailed.”
I look for appraisers who pay close attention to the small details in their appraisals — like no typos in their reports — and who also include factually supporting details, like the best comparative sales available.
“A” stands for “articulate.”
I appreciate appraisers who can withstand a fierce cross-examination from a crafty attorney, but yet can explain complicated appraisal lingo to a jury in a way they can easily understand.
“C” stands for “competent.”
I want appraisers who are well-credentialed and have sufficient experience in all types of appraisals. However, sometimes I need someone with a specialty — such as experience appraising eminent domain takings where minerals are involved — and I’ll search for an appraiser with proven knowledge and certification in that area.
“T” stands for “trustworthy.”
In a world where appraisers work on both sides of the fence — like in government, financial and private sectors — it’s especially important to find appraisers who can be trusted … to know that they’re truly working for you, no matter who’s on the other side of the courtroom.
“S” stands for “support.”
Attorneys need assistance in preparing a case for trial, and appraisers can provide strong legal support when planning cross-examination of opposing counsels’ appraisers. They can also be very helpful in developing a line of questions for their own testimony.
AI: As an appraiser, what is most important when serving as an expert witness for an attorney?
SR: Regardless of how much experience an appraiser has, preparation prior to the trial is key. If the appraiser and the attorney aren’t prepared, they aren’t going to succeed in the courtroom.
AI: How can the appraiser and the attorney be prepared for expert witness testimony?
SR: Preparation has two components: self preparation by the appraiser and joint preparation with the attorney. Both are essential. The appraiser must be intimately familiar with their appraisal report that will be presented at trial.
TM: Some lawyers like to ask questions taken directly from the appraisal report in order to try to have the appraiser disagree with themselves. This is particularly true when the lawyer senses the appraiser is unwilling to acknowledge anything specific. The appraiser needs to know their appraisal report inside and out.
SR: Appraisers should be critical of the report when preparing for testimony. For example:
TM: Preparation between the attorney and the appraiser — both for the purposes of outlining the direct testimony and for anticipating the cross-examination — is priceless when preparing for trial. Some attorneys prefer scripted testimony, and others like general concepts or outlines. Either is fine, as long as the testimony flow is organized ahead of time.
SR: The appraiser and the attorney both need to approach the case from its earliest stages of preparation with an eye toward the final product.
TM: Look ahead to presentation day. Ask yourselves if this material is going to appear thorough and credible when it is later presented or argued in court.
Interesting video on the topic:
https://www.youtube.com/watch?v=mvL34_fqSHA