Litigation
Support and the
Consulting Expert
Role
Are you looking
for a commercial
real estate
appraisal firm
experienced in
assisting clients
as a
consulting expert?
A consulting
expert is
generally defined
as: an
expert who,
though retained
by a party, is
not expected to
be called as an
expert at a trial
(Black's
Law Dictionary,
eighth edition,
p. 619).
The need for such
an individual or
firm can vary
based on a number
of factors.
There are a
variety of
reasons why an
attorney or other
party may choose
to use a
consulting expert
instead of, or in
addition to, an
expert witness.
The main reasons
tend to fall into
two main
categories.
The first are
practical
reasons, and the
second tend to be
more
strategically-oriented reasons.
Practical reasons
for using a
consulting expert
may be that the
parties may be
heading into a
resolution to a
disputed matter
in a way other
than a
traditional trial
at court.
Many parties
agreed to
mediations,
arbitrations or
other Alternative
Dispute
Resolution (ADR)
methods to
resolve matters
that used to go
to a full blown
trial.
Other
practical reasons
may be cost
savings or a
reduced scope of
work.
Strategic reasons
for using a
consulting expert
may be to assist
an attorney or
other party,
including judges,
to consider
evidence
submitted by
different, or
opposing, expert
witnesses in a
case or other
legal proceeding.
With the
consulting expert
being freed from
depositions,
testimony at
trial and cross
examination, the
consulting expert
may instead be
used to review
evidence that has
been submitted
both from other
experts on the
case as well as
by plaintiffs and
defendants.
The consulting
expert will
typically take on
a more advisory,
and sometimes a
more
behind-the-scenes
type of role as a
reviewer of
various real
estate topics in
a case or to
specifically look
at expert reports
and exhibits to
check for
accuracies,
adherence to the
Uniform Standards
of Appraisal
Practice, or
other standard
of care practices
which may be
outside the
sphere of
knowledge of the
attorney. Judges
sometimes hire
consulting
experts to
provide an
unbiased
interpretation of
different real
estate appraisal
reports, for
example.
Another reason
that a consulting
expert may be
used is that an
attorney may have
missed a deadline
for which to
disclose you as a
witness for trial
and now finds
that they need to
have
the ability to at
least understand
the various
intricacies of a
real estate issue
that they were
unable to foresee
at the earlier
stages of the
litigation
process.
Eric L. Risberg,
MAI, ASA, the
founder of our
company, has
provided this
service to
clients in this
specialized
industry for
nearly 20 years.
If you are
looking to have
an appraisal or
other consulting
work done
for any type of real
estate and if you
need a consulting
expert, please
contact Eric L.
Risberg, MAI,
ASA, for a free
initial
consultation and
a fee quote. You
may either call
us at 415-531-1414, or,
please fill out the
convenient and
confidential
short form
on our web site
and you will
receive a call
from us in a few minutes.
Advanced Appraisal International, Inc. is a San Francisco Bay Area-based commercial real estate appraisal firm that has valued billions of dollars of real estate across the United States and has conducted services internationally. With nearly 20 years of experience, and an MAI and ASA accredited professional staff, the firm is one of the most innovative and experienced in all aspects of the most complex real estate and corporate valuation assignments. Copyright 1995-2010. Last Updated December 2, 2010.