Preparing for Court - The Engagement
Before accepting a litigation appraisal assignment on your behalf, your appraiser will:
* Investigate the facts and issues of the assignment.
* Research all the relevant "players" (opposing attorneys and appraisers).
* Check for conflicts of interest or past appraisals he or she has completed for the other side or the same business.
* Ask if you have a pre-established valuation agenda - such as a pre-determined value. It is possible that the appraiser may decide not to take the case. If your appraiser has to work hard to justify the concluded value to you or others, he or she will have a very hard time on the witness stand.
* Stress that even if your side holds the best hand, in litigation, you never hold all the aces. If one side were totally "pure", the matter would not be in court.
* Bring to your attention that he or she must always follow proper appraisal principles and arrive at valuation conclusions independently.
* Will outline for you his or her qualifications and limitations as well as the professional standards by which appraisers abide.
*Prepare an engagment letter outlining the scope of the assignment, the fee structure, and the estimated completion date(s).
Once you have engaged the appraiser, let him or her strategically select support staff and experts who are fully qualified in the subject area and have the potential to testify in court.