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Litigation Assignments Are Different from Assignments for Other Intended Uses

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Monday, April 19, 2021

To deliver the most effective message requires understanding the particularities of litigation assignments.  This is an area that touches all aspects of our professional and business practices. Compliance with applicable valuation standards, with particular sensitivity to maintaining independence in an adversarial world, is necessary to build a successful expert practice. Expertise in your particular area is also necessary, but it is the starting point in litigation and not an end in itself.

Differences between a litigation engagement and engagements for other intended uses include the ways we are selected and retained, and the way we charge and invoice for our services. We need to pay careful attention to specifically and credibly supporting our opinions, and when proffering review or rebuttal opinions, to not opine to state of mind.

Compliance with valuation standards bolsters our credibility with the court, and the requirements of our standards are not very different from requirements of the Federal Rules of Civil Procedure. Judges are wary of experts who aren’t perceived as being independent, or who have opined to state of mind, or who have not credibly supported their opinions.

There are many ways that we can add value to attorneys in litigation matters, either as testifying or consulting experts. Each role has different tasks to be performed and different parts of valuation standards apply to different roles and tasks.

About Expert Witness

About Appraisal Institute Online Education
The mission of the Appraisal Institute Education department is to develop programs to meet the training and professional development needs of real estate appraisers. Through our programs, individuals gain the skills and knowledge required to meet Appraisal Institute and state continuing professional development needs. Our programs also contribute to individuals meeting the education requirements for the Appraisal Institute professional designations.

All online education programs are developed and written by practicing appraisers and other professionals and are reviewed by teams of subject matter experts to ensure that their content is accurate, up-to-date and relevant to today’s appraisers. All AI programs are designed as learning experiences utilizing relevant research from appropriate fields such as cognitive science, educational psychology and instructional technology.

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The Appraisal of Real Estate, 15th edition


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