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Litigation Support and Expert Testimony

Most of my career was spent on the other side of the desk, reading other appraisers' reports and deciding whether they were defensible. Thousands of them. That is the experience counsel is buying here, applied either to developing an opinion that will be attacked or to taking apart one that should be.

Assignment parameters

What this assignment is scoped to do, stated before you engage.

Intended use
To support counsel in a contested matter, including testimony.
Intended user
Retaining counsel and their client, named at engagement rather than added afterward.
Effective date
Current or retrospective as the matter requires, and sometimes more than one date in the same assignment.
Scope of work
Appraisal, appraisal review, or rebuttal of an opposing report. The workfile is retained and is discoverable.
Report format
Narrative. The fee is never contingent on the outcome or on any value reported.

The fee is never contingent. Ever.

I cannot accept an assignment where the fee or the engagement depends on reaching a particular number, and I will not take direction on a conclusion. This is stated first because it is the question opposing counsel will ask first.

That restriction is what makes the work worth retaining. A number that can be influenced is a number the other side can dismiss without ever reaching the evidence.

What survives cross-examination, and what does not

When a report gets challenged, it is almost never the number that fails. It is the support behind the number. The comparable that was not really comparable. The adjustment with no stated basis. The effective date that quietly drifted. The scope of work that was never defined, so it can be characterized however the questioner likes.

I know where reports come apart because taking them apart was my job for years, across six states and thousands of files. I write mine so those questions have answers already on the page, which is a different exercise from writing one that merely reaches a defensible number.

Appraisal review as its own assignment

If you have an opinion of value you believe is wrong, a review examines whether the work was properly developed and adequately supported. It is a different assignment from a new appraisal and it answers a different question.

A review will not simply produce a number you prefer. It will tell you whether the report in front of you holds together, which is frequently more useful, and occasionally the answer is that it does.

Testimony is a separate engagement

Depositions, hearings, and trial testimony are separate assignments from the appraisal. They are billed at an hourly rate with a minimum, arranged in advance, and governed by their own agreement.

Billing starts when I leave my door. A day in court is a day whether it is spent testifying or waiting to testify, and scheduling one means declining other work for that date.

Workfile, retention, and discovery

The workfile is retained for at least five years, and longer where a matter is pending. Assume it is discoverable and assume it will be read.

That expectation shapes how the file is built from the first day of the assignment rather than being addressed once a subpoena arrives. It is a good deal cheaper to build a clean file than to explain a messy one.

Set the scope at engagement, not later

Intended use, intended users, and effective date are defined when the assignment is defined. Those three things are what make a report usable, and they cannot be retrofitted.

If a report may need to serve two purposes, or if someone additional will need to rely on it, say so at the start. It is often easy to accommodate up front and impossible to fix afterward.

Questions people actually ask

Do you testify in court?

Yes. Depositions, hearings, and trial testimony are separate assignments from the appraisal, billed at an hourly rate with a minimum and arranged in advance under their own agreement.

Billing starts when I leave my door. A day in court is a day, whether it's spent testifying or waiting to.

Can an appraiser review another appraiser's work?

Yes. If you have an appraisal you believe is wrong, a review examines whether the work was properly developed and adequately supported.

A review is a different assignment than a new appraisal, and it answers a different question.

470.642.0232

You will reach Scott directly. Expect questions about intended use and effective date before a fee is quoted.

Discuss a litigation matter
Appraiser
Scott D.W. Wiley
Certification
Georgia Certified Residential Real Property Appraiser, CR432840
Coverage
Metro Atlanta and Northwest Georgia.
Practice
Private-client assignments only. No lender or GSE work.