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	Comments on: Help I Got a Subpoena!	</title>
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		<title>
		By: Mike Ford		</title>
		<link>https://appraisersblogs.com/appraisal/help-i-got-a-subpoena/#comment-12122</link>

		<dc:creator><![CDATA[Mike Ford]]></dc:creator>
		<pubDate>Thu, 06 Aug 2015 10:11:30 +0000</pubDate>
		<guid isPermaLink="false">https://appraisersblogs.com/?p=8274#comment-12122</guid>

					<description><![CDATA[You misunderstand. I LIKE subpoenas because to me they are the ringing of the cash register. When else can we realistically quote over $300 an hour AND GET IT? Heck, even that&#039;s low now! I think I&#039;ll raise it to $350 and maybe drop the minimum hours? What do you think? (its not all that frequent). Only a few chances a year.]]></description>
			<content:encoded><![CDATA[<p>You misunderstand. I LIKE subpoenas because to me they are the ringing of the cash register. When else can we realistically quote over $300 an hour AND GET IT? Heck, even that&#8217;s low now! I think I&#8217;ll raise it to $350 and maybe drop the minimum hours? What do you think? (its not all that frequent). Only a few chances a year.</p>
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		<title>
		By: Retired Appraiser		</title>
		<link>https://appraisersblogs.com/appraisal/help-i-got-a-subpoena/#comment-12121</link>

		<dc:creator><![CDATA[Retired Appraiser]]></dc:creator>
		<pubDate>Thu, 06 Aug 2015 03:46:24 +0000</pubDate>
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					<description><![CDATA[Congratulations...are you surprised?

Anyone who stayed in this &quot;profession&quot; after 2009 deserves at least one subpoena and a series of trips to a professional psychiatrist&#039;s office.]]></description>
			<content:encoded><![CDATA[<p>Congratulations&#8230;are you surprised?</p>
<p>Anyone who stayed in this &#8220;profession&#8221; after 2009 deserves at least one subpoena and a series of trips to a professional psychiatrist&#8217;s office.</p>
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		<title>
		By: Mike Ford CA AG, SCREA, AGA, GAA, RAA		</title>
		<link>https://appraisersblogs.com/appraisal/help-i-got-a-subpoena/#comment-12120</link>

		<dc:creator><![CDATA[Mike Ford CA AG, SCREA, AGA, GAA, RAA]]></dc:creator>
		<pubDate>Wed, 05 Aug 2015 18:59:13 +0000</pubDate>
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					<description><![CDATA[All good advice. The first thing I look for on a subpoena is whether or not it has been signed by the judge. Attorneys in Southern California get so casual about these  that they issue them without Judges signatures. As far as I &#039;m concerned no signature; no subpoena.

Additionally, if it is from my clients side I cite my expert witness fees to them ( do NOT make these competitively low-you lose credibility if the attorneys offer to pay you from petty cash!). $300 to $375 per hour seems about right in the L.A. area; plus $75 an hour travel time portal to portal, and an allowance for parking; four hour or eight  minimum is up to you.

IF my work files are being subpoenaed I cite them as professional work product and INSIST on expert witness fees as noted above; and at a minimum $1.00 a page paid in advance as copying fees &#038; $25 an hour for administrative office expense compensation since I have to hire someone to do this. Only one time have I been subpoenaed with no PW fees agreed to and paid in advance. Notice of this fact to the opposing attorneys side generally opens up an opportunity to say the same thing to the judge who (in my experience anyway); strictly curtailed the line of questions the attorney was allowed to ask to &quot;Did you write this report&quot; rather than WHY I wrote something.

ANY attorney that subpoenas an unwilling appraiser (at least in residential work) is generally making a HUGE mistake. They are likely to hear nothing more than &quot;I don&#039;t recall right now.&quot;

EW work is a good source of additional income. I&#039;d keep it to less than 10% of your total work or you will be seen and treated as a hired gun or shill for attorneys. I welcome it, but don&#039;t be fooled into thinking you have to do it for free. You do not. You may have to appear, and you always tell the truth but that is all. Having a faulty memory is just being human.

Last bit. NEVER answer right away. Always take the time to repeat the question to yourself or out loud (THAT annoys the hell out of them, by the way) and THINK about whether the question or answer was within the scope of work performed and your specific expertise. I made THAT mistake only one time. Honest answer; personal opinion about &#039;responsible lending practices&#039;. I KNEW the answer but fact is it was subjective and outside the scope of my professional expertise. My client never let me know that they had never even read the original report for which they later paid me to review, but they HAD admitted that in THEIR deposition! They still won but amount was reduced due to their contributory negligence &#038; I lost that attorney as a future client. Tough lesson.]]></description>
			<content:encoded><![CDATA[<p>All good advice. The first thing I look for on a subpoena is whether or not it has been signed by the judge. Attorneys in Southern California get so casual about these  that they issue them without Judges signatures. As far as I &#8216;m concerned no signature; no subpoena.</p>
<p>Additionally, if it is from my clients side I cite my expert witness fees to them ( do NOT make these competitively low-you lose credibility if the attorneys offer to pay you from petty cash!). $300 to $375 per hour seems about right in the L.A. area; plus $75 an hour travel time portal to portal, and an allowance for parking; four hour or eight  minimum is up to you.</p>
<p>IF my work files are being subpoenaed I cite them as professional work product and INSIST on expert witness fees as noted above; and at a minimum $1.00 a page paid in advance as copying fees &amp; $25 an hour for administrative office expense compensation since I have to hire someone to do this. Only one time have I been subpoenaed with no PW fees agreed to and paid in advance. Notice of this fact to the opposing attorneys side generally opens up an opportunity to say the same thing to the judge who (in my experience anyway); strictly curtailed the line of questions the attorney was allowed to ask to &#8220;Did you write this report&#8221; rather than WHY I wrote something.</p>
<p>ANY attorney that subpoenas an unwilling appraiser (at least in residential work) is generally making a HUGE mistake. They are likely to hear nothing more than &#8220;I don&#8217;t recall right now.&#8221;</p>
<p>EW work is a good source of additional income. I&#8217;d keep it to less than 10% of your total work or you will be seen and treated as a hired gun or shill for attorneys. I welcome it, but don&#8217;t be fooled into thinking you have to do it for free. You do not. You may have to appear, and you always tell the truth but that is all. Having a faulty memory is just being human.</p>
<p>Last bit. NEVER answer right away. Always take the time to repeat the question to yourself or out loud (THAT annoys the hell out of them, by the way) and THINK about whether the question or answer was within the scope of work performed and your specific expertise. I made THAT mistake only one time. Honest answer; personal opinion about &#8216;responsible lending practices&#8217;. I KNEW the answer but fact is it was subjective and outside the scope of my professional expertise. My client never let me know that they had never even read the original report for which they later paid me to review, but they HAD admitted that in THEIR deposition! They still won but amount was reduced due to their contributory negligence &amp; I lost that attorney as a future client. Tough lesson.</p>
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		<title>
		By: Walt Lambert		</title>
		<link>https://appraisersblogs.com/appraisal/help-i-got-a-subpoena/#comment-12119</link>

		<dc:creator><![CDATA[Walt Lambert]]></dc:creator>
		<pubDate>Wed, 05 Aug 2015 16:47:18 +0000</pubDate>
		<guid isPermaLink="false">https://appraisersblogs.com/?p=8274#comment-12119</guid>

					<description><![CDATA[Brian,

I assure you I am not pandering but I wanted to comment or more appropriately thank you for your articles.

I find them extremely helpful, well written (which translates, I understand what you&#039;re saying because they lack a lot of legaleze, (I don&#039;t think that&#039;s a word)). I save them and keep them in a file on my desktop for reference.

The valuation landscape has been a bit rocky recently as I barely print off a white paper on something when (it seems like) a new regulation modifies the prior comments before the ink is dry on the first one.

I appreciate your contributions, hope you continue to write and wish you continued success.

Respectfully,

Walt Lambert

AZ #21580 Certified Residential]]></description>
			<content:encoded><![CDATA[<p>Brian,</p>
<p>I assure you I am not pandering but I wanted to comment or more appropriately thank you for your articles.</p>
<p>I find them extremely helpful, well written (which translates, I understand what you&#8217;re saying because they lack a lot of legaleze, (I don&#8217;t think that&#8217;s a word)). I save them and keep them in a file on my desktop for reference.</p>
<p>The valuation landscape has been a bit rocky recently as I barely print off a white paper on something when (it seems like) a new regulation modifies the prior comments before the ink is dry on the first one.</p>
<p>I appreciate your contributions, hope you continue to write and wish you continued success.</p>
<p>Respectfully,</p>
<p>Walt Lambert</p>
<p>AZ #21580 Certified Residential</p>
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