I don’t do much expert witness testimony, maybe a couple of times a year. Most cases settle before we ever get to court. In fact, up until August this year, I hadn’t testified once this year. Then, just like that, I had three court dates on my calendar over the next couple of weeks and another trial next month. That’s how this business works: quiet for months, then all at once.
My most recent case started like most do. A month or two before the trial date, I got the notice and put it on my calendar as “Potential Trial” with the attorney’s name and my file number. About a week or two before, I reached out to see if the case had settled. If not, I like to schedule a short prep call to go over any questions the attorney wants to ask. If the opposing side has provided an appraisal, I’ll read through it and jot down quick notes. This is not a formal review, just informal observations about the differences between the reports and anything that stands out.
When I go to court, I always bring copies of my CV in case the attorney can introduce me to other attorneys, along with business cards and my prep notes.
For this one, I charged my standard four-hour retainer. I spent about 20 minutes on the phone with the attorney, another 30 minutes reviewing and taking notes on the other report, and about 80 minutes in travel time (40 minutes each way). I arrived at the courthouse around 10:40 a.m. for my 11:00 appearance time, waited outside the courtroom, chatted with both attorneys I had worked with before (and the opposing counsel I had recently started working with), and then waited some more.
About 35 minutes later, the attorneys came out and told me the case had settled. No testimony needed. The appraisals were about $20,000 apart. The other report was decent overall, with a few errors I had noted, but honestly, this case should never have gone to trial. I even told the client I could have testified over Zoom, but he insisted on having me appear in person, which ended up costing him more.
In the end, I billed him for 3.2 hours and refunded 0.8 hours of the retainer. He was unhappy about not getting the entire amount back, so I had to explain that I had invested time in preparation, travel, and being available on-site, even though the case settled.
That is the reality of expert witness work. Sometimes you prepare, show up, and never even enter the courtroom. But you still have to value your time. And if you do it right, you can turn the appearance into a networking opportunity, a relationship-builder with attorneys, and a way to keep your name top of mind for the next case.
If you want to build the kind of relationships that lead to court appearances, high-value assignments, and steady non-lender work, join the Appraisal Referral Network. Connect with other appraisers, get referrals, and grow your business. Find out more at ReferAppraisals.com
