Expert witness work sounds intimidating until you actually do it a few times.
Most of my expert witness assignments are connected to divorce cases. Divorce-related appraisal work makes up roughly 30% to 40% of my business, so family law is where I most often end up testifying. I occasionally handle insurance disputes, partition actions, and other litigation matters, but divorce cases are the most common.
Family law attorneys understand family law. They are not necessarily real estate experts, which is exactly why they hire us.
In most cases, the testimony is fairly straightforward. Before the hearing, I usually help the retaining attorney understand the basic questions they should ask:
- What were you hired to do?
- What valuation date did you use?
- What information did you analyze?
- How did you develop your opinion of value?
- What was your final value conclusion?
Nothing dramatic. No surprise witness bursting through the courtroom doors. Mostly just explaining the appraisal in clear language.
My most recent case was a little different.
Testifying With a Pro Se Party
This was the first case I can remember where one of the spouses represented himself, also known as appearing pro se.
Because he was not an attorney, his questions were different from what I normally hear during cross-examination. He asked a lot of detailed questions, many of which did not have much effect on the appraisal’s overall credibility or value conclusion.
At the end of the day, the most important facts were fairly simple:
I analyzed six comparable sales. They were located within the subject’s competitive market area. I made adjustments where appropriate. I developed an opinion of value as of a specific effective date.
That is the foundation.
Still, I was on the stand for approximately 30 minutes, which may be the longest I have testified in a single case. The questioning moved into details that usually do not receive much attention.
That was not necessarily a bad thing. It was a good reminder that when you testify, you need to understand more than the final number. You need to be prepared to explain every decision that helped you arrive there.
Good Questions Do Not Always Mean Good Arguments
The opposing attorney raised several thoughtful points while attempting to challenge the appraisal.
Some of my comparable sales were located slightly more than one mile from the subject. He appeared to be suggesting that those sales came from a superior location.
That could have been an effective argument if the areas were actually superior. In this case, they were not. The farther sales were necessary because there were not enough recent and sufficiently similar sales closer to the subject.
The attorney also questioned why some comparable properties were several years newer than the subject.
On the surface, that may sound significant. However, the subject was roughly 50 to 60 years old and located in a neighborhood where many homes were approximately 60 to 70 years old. The comparable sales were generally within about ten years of the subject’s age, had similar effective ages, and had also been updated or remodeled.
A six- or seven-year difference between older homes does not automatically make them dissimilar.
He also compared my opinion of market value to the property’s assessed value, which was considerably lower. Appraisers know that assessed value and market value are not the same thing, but it can still sound persuasive to someone unfamiliar with the distinction.
I appreciated the strategy. He was looking for places where the appraisal might appear inconsistent or weak. That is what opposing counsel is supposed to do.
The lesson is not that these were impossible questions. They were easy to answer. The lesson is that a confident-sounding question can make an ordinary appraisal decision sound suspicious unless you are prepared to explain it.
You Can Only Answer the Question You Are Asked
One challenge during testimony is that you cannot always jump in and correct every implication being made.
For example, opposing counsel appeared to suggest that the locations of certain comparable sales were superior. However, he did not directly ask whether those areas were superior.
That meant I could not simply launch into an explanation about why they were not.
As expert witnesses, our job is to answer the question being asked. We should not argue with the attorney, volunteer unnecessary information, or attempt to take over the hearing.
That can feel unnatural. Appraisers are trained to explain our reasoning, and sometimes we want to immediately correct an assumption. On the witness stand, however, patience matters.
Listen to the full question. Pause. Answer what was asked. Then stop talking.
Silence is not your enemy. Occasionally, it is your best attorney.
The Courtroom Was Not the Stressful Part
Oddly enough, the testimony itself did not make me nervous.
The most stressful part was arriving ten minutes late.
I normally arrive at least 15 minutes early for any hearing or deposition. On this particular day, heavy rain and terrible traffic delayed me. Being late bothered me far more than being questioned on the witness stand.
Once I arrived, I did what I normally do. I stayed friendly, kept a smile on my face, was sworn in, and answered the questions.
Most courtroom testimony is not like television. Opposing counsel is usually not screaming at the expert or pounding on a table. Everyone in this case was professional and respectful.
The attorney’s job was to challenge my work. My job was to calmly explain it.
That is really all expert witness testimony is.
Document What Happened Afterward
One of the most important steps happens after the testimony is finished.
Write a summary of what happened.
I have never automatically received a transcript, recording, or written summary from an attorney after testifying. Unless someone orders a transcript, you may not have a formal record of exactly what was discussed.
As soon as possible after the hearing, document:
- The case name and case number
- The court and jurisdiction
- The judge’s name
- The date of your testimony
- The attorneys involved
- The approximate length of your testimony
- The major questions you were asked
- Any issues raised about your appraisal
- How you answered those questions
- Anything you would prepare differently next time
Keep that information with your assignment records.
I also maintain a list of the courts, judges, dates, and matters in which I have testified. That information is then added to my professional CV.
Your expert witness experience has value, but only if you keep track of it.
Expert Witness Work Gets Easier
For appraisers who have never testified, expert witness work can sound much worse than it usually is.
You do need to be prepared. You need to know your report. You need to understand your comparable selection, adjustments, market area, effective date, and final reconciliation.
But you do not need to memorize every line of the appraisal or deliver a dramatic courtroom performance.
Be prepared. Be honest. Stay calm. Answer the question asked.
Once you get a few cases behind you, expert witness work becomes much less intimidating. It may even become an enjoyable part of your appraisal practice, assuming your definition of enjoyable includes sitting in a courthouse while two people argue about a house.
Elite members of the Appraisal Referral Network can access additional micro-lessons and educational resources about expert witness assignments, testimony preparation, and growing litigation-related appraisal work.
