In my last post, I shared how I showed up to court, prepped, waited, and then never even got called to testify because the case settled. That’s the nature of expert witness work. You block off the time, you prepare, and sometimes it all ends before you say a single word on the stand.
Well, I wasn’t done yet. I had two more appearances right after that, and both reminded me how unpredictable this part of the business can be.
Court Appearance #2: The Nine-Minute Testimony
The second time around, I drove about 45 minutes to the courthouse. I was scheduled to go first, and a lot of the time the attorney will call you out of turn so you don’t have to wait. Not this day. I sat there for just under two hours, and by then it was lunchtime. We broke for about an hour, and the attorney told me I’d be the first after the break. I grabbed a quick sandwich, and when I got back, I was called into the courtroom a few minutes later.
My testimony only took 9 minutes. That was it. The attorney asked a few straightforward questions about my four appraisals, what methods I used, what I concluded, and some quick clarifications about assessed values. The opposing counsel only asked about the level of observation I had done. Nothing tricky, nothing stressful. Afterward, I dictated my notes into my phone on the drive home so I’d have everything fresh for my workfile. They do not provide a transcript.
Even though I probably could have billed more, I stuck with four hours. That’s the balance with this kind of work in my opinion. Sometimes the testimony itself is short, but the waiting, the prep, and the expertise you bring are what you’re being paid for.
Court Appearance #3: Zoom Trial That Never Happened
The third “appearance” was scheduled to be over Zoom. The client retained me with my standard two-hour Zoom fee, and I had blocked off the time. Then, the day before, I got a text: “We won’t need you tomorrow.” Either the case settled or the opposing side stipulated to my values. In other words, they agreed with my appraisals.
No testimony, but it wasn’t a loss to my day since I had other work waiting. I decided to cut this client a break and returned his retainer. A few of my peers gave me flack for it, but sometimes I make calls like that because it’s my business to run, and in this case, it felt like the right thing to do.
Lessons for Appraisers Thinking About Expert Witness Work
If you’ve never testified before, I won’t sugarcoat it. It’s stressful. The nerves don’t completely go away, even with experience. But the more you do it, the more manageable it becomes.
Here’s my advice:
- Prepare thoroughly. Know your report inside and out. Be able to recall the property details without flipping through every page.
- Keep it simple. Judges don’t want a lecture on appraisal theory. Break it down clearly and directly.
- Value your time. Whether you testify for 9 minutes or never get called at all, your preparation, travel, and availability are worth billing for as you see fit.
Expert witness work isn’t the majority of my business, just a few percent. This year I’ve only had three trials come up. But when it does, it can be a lucrative and rewarding niche. It also builds strong relationships with attorneys, which can lead to steady non-lender assignments down the road.
If you’re an appraiser looking to grow your non-lender business or have questions about expert witness work, feel free to reach out. And don’t forget, the Appraisal Referral Network is a great place to connect with appraisers nationwide, share referrals, and expand your business. Learn more at ReferAppraisals.com.
