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San Diego Museum of Art: Members' Appreciation Days - The San Diego Museum of Art has partnered with 13 Southern California institutions to offer members free admission to non-ticketed exhibitions over 3 weekends in May. Click here for more information and a list of participating museums.

Bank of America: Museums on Us - In appreciation for customers and the arts, Bank of America cardholders and a guest get free admission during the month of May to over 95 museums throughout California and the Northeast. For more information visit the Bank of America website.

Balboa Park Museums: Free Tuesdays - As a public service, Park organizations offer free Tuesday admissions on a rotating basis throughout the year. Some require San Diego County residency or Active Military status. For more information and the schedule visit the Balboa Park website.

President: Pamela Bensoussan, ASA
1st Vice President: Rick Engstrom, ASA
2nd Vice President: Christine Jones, AM
Secretary: Garrett Goldfield, Candidate
Treasurer: Georgie Stillman, ASA

A round of applause to these volunteers for their desire to serve the Chapter and their commitment to work to make the Chapter better in all ways. Installation will be on June 19th at our regular Chapter monthly educational program.

Tips on Expert Witnessing - Shared by Seasoned Chapter Members

By: Garrett Goldfield

Our March program featured a panel of professional accredited members sharing useful tips gleaned from years of experience in litigation support appraising. Over the years these self-help type presentations, where experienced appraisers share skill sets and war stories, have proven to be among our most popular meetings and this one was no exception.

The legal environment can be intimidating to appraisers who aren’t used to defending their reports or who share a general inhibition about being in the limelight. The tips and stories shared by our panelists served to help de-mystify the subject and to build confidence among those just beginning or contemplating taking on litigation assignments. The tips were useful even to non-litigation appraisers who seek to generally improve their professionalism.

During the discussion we learned that the appraiser’s expert witness skill sets are two-fold: 1) Writing a report that survives intense scrutiny in terms of methodology and supporting documentation, and 2) The ability of the appraiser to communicate his or her value conclusions convincingly to the lay person (as in a jury). Additionally, there are a lot of pitfalls along the way. Naturally, in deposition or court testimony attorneys try to lay traps for expert witnesses, to put them on the defensive, to unsettle them. Thus, the appraiser must be comfortable with his knowledge, his work and his value conclusions. In arriving at this comfort level it’s important to realize that as an appraiser you are an advocate – not for your client or his case – but for your own work and competency.

The important message imparted by our panelists was that "the key to success is the realization that good appraising (whether it involves litigation or not) is simply a matter of finding, analyzing and reporting the facts in a logical, thorough, and professional manner."

The panelists contributing to this discussion included: George LeBaron, ASA (yacht appraising); Rick Engstrom, ASA (real estate); Teri Newman-Brossmer, ASA, (gems and jewelry; Kim Ufford, AM (business valuation) and moderated by Pamela Bensoussan, ASA (personal property). Added commentary was given by Georgie Stillman, ASA and Louis Reese, ASA, (both are personal property appraisers).

Presented below is a consolidated list of tips and advice from our panelists for the appraiser serving as an expert:

• The foundation for any expert witness testimony begins with a methodologically sound appraisal report. USPAP (Uniform Standards of Professional Appraisal Practice) provides guidelines for a report that can stand up under cross-examination.
• If you are not qualified to be an expert in the case – do not agree to be one, you may end up regretting it.
• The attorney represents their client - not you. It is important to do your own investigation of the facts.
• The attorney may not know all the questions to ask regarding the appraisal. The appraiser may need to educate the attorney in regards to USPAP.
• Appear professional in demeanor and appearance. Come across as confident and educated. Your job is to persuade the audience, engage them. Wear appropriate clothing and do not be flashy. Put yourself in the judge’s and jury’s shoes.
• Demonstrate that conclusions are a reasoned expert opinion based on factual observation and analysis.
• Be an advocate for your report and its premise, not the client. Do not be defensive.
• Be truthful. Only answer the question and be brief.
• Be prepared for a long process. Create a file for the expert witness issues and documents.
• Use available resources to prepare and improve your testimony. These resources include books, websites (FEWA), fellow appraisers, and attorneys.
• Follow USPAP methodology – can’t repeat this often enough!
• Collect fees (including retainer and designation fee) up front before your testimony and have all outstanding bills settled before trial. Have your contracts signed by both the attorney and client so that both are responsible.
• Ensure you edit and proofread reports before delivering them.
• To keep your composure during depositions (which can go on for hours) ask for frequent breaks.
• For proper notification of depositions, place a clause in your contract asking for minimum notification timetables.
• Many resources are available to help the expert witness such as: FEWA and the top 5 mistakes that expert witnesses can make. FEWA (www.forensic.org) is also a good resource for testimony and contract advice.
• In anticipation of becoming an expert witness it is recommended that all discussions and emails with attorneys and clients be noted and filed, including the times and dates.

Additional advice

An appraiser has to be wary when first approached by an attorney. Attorneys do at times have ulterior motives when contacting an appraiser. Whatever their intent may be, it is wise not to let the attorney say too much regarding the case during this initial contact. Need-to-know basics (who, when, scope), in most cases this is all the appraiser needs to know until they are placed on retainer. You must determine initially that you have no potential conflicts of interest. An option that an appraiser might consider is to offer their services as a consultant rather than an expert witness initially. Often attorneys hire an appraiser as a consultant anyway, so it is appropriate to offer that service. This is valuable for an attorney because it is not discoverable, as an expert would be. It allows time for the appraiser and attorney to determine if the expert is a good fit for the case.

The final piece of advice related to fees. Some of the appraisers on the panel charge a particular rate for expert witness testimony, while others have a flat rate regardless of what service they are offering. Whichever method the appraiser chooses, they should do justice to their expertise, hard work and their industry by pricing their services accordingly. (Note: appraisers must charge the same fee for testifying in a deposition or courtroom. It is not permitted to charge the deposing attorney a higher rate.)

Stay tuned for more fascinating programs on this topic!

Thank You Kim !

Kim Ufford, AM has served our ASA San Diego Chapter as President for two terms and he merits a huge THANK YOU for his constant work to guide the Chapter as we grow into the 21st Century.

His ability to listen, to think analytically, his care and concern for the feelings of others in the midst of discussion and debate, make him an outstanding leader. During his tenure we have added members, seen growth in advancement in ASA, and in San Diego Chapter participation. Kim has that rare character of leadership which combines a keen intelligence with a calmness and sense of decency that brings order to the Board and allows for differing ideas to be heard and considered without a loss of purpose and goals.

Fortunately, as Immediate Past President, he will be there to provide those exemplary talents to assist the incoming Board.

For many years it has been my goal to see new faces on our San Diego ASA Chapter Board, to keep the local chapter vital and vigorous. Without fresh ideas and new energy, professional associations, like other organisms, wither. This year it is such a pleasure to see such talented and dedicated members moving up to positions of leadership. I wish them all a successful year on the Board.

Georgie Stillman, ASA

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Newsletter Editor - Georgie Stillman, ASA

Newsletter Published by Jan Giamanco of G-Force Services