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This article describes how the appraisal review process and a review appraiser may be effectively used in litigation support. It informs readers of the elements required in an appraisal review under the 1999 version of the Uniform Standards of Professional Appraisal Practice and offers suggestions to ensure USPAP compliance. Other highlights include dealing with the scope of data available in litigation, assisting attorneys and the courts, identifying problems in appraisal reports, and effectively preparing an appraisal review for litigation.
When engaged or enmeshed in litigation, an attorney will often solicit support from a review appraiser. Typical areas where the attorney may need assistance include:
1. Reviewing appraisal(s) prepared at the request of opposing counsel, identifying areas of strength or weakness to aid the attorney in preparing the case, and providing rebuttal testimony
2. Review appraisal(s) prepared at the attorney's request, assisting the attorney in preparing the case, and offering suggestions as to how the appraiser could make the report or presentation clearer or more effective to the fact finder
3. Providing other forms of litigation support, such as preparing courtroom exhibits, and helping to frame questions to ask appraisal experts on both sides at depositions and during trial testimony
4. Advising the attorney about standards of practice, professional codes of ethics, sources of information, industry experts, and other matters that might impact the pleadings, discovery, dismissals or pretrial judgments, settlement conference or further negotiations, and the actual trial of the case
Although the appraiser who has prepared a report at the attorney's request is often in an excellent position to provide litigation support, that appraiser may sometimes be viewed as too partial to his or her own report and lacking objectivity. Accordingly, a fresh face-that of the review appraiser-may help to provide a more objective perspective. Appraisal reviews are an effective means of assisting the attorney in this process, either in the courtroom or in pretrial settlement discussions.
Appraisal Review Defined
Appraisal review, as used here, is not the approval or constructive criticism that a senior appraiser provides to a subordinate before cosigning a report from within the same firm. In contrast, appraisal review is the process whereby a review appraiser is employed as an independent professional to pass judgement on certain...