Antiques, art, and collectibles appraisal expert witness Lisa M. Barnes is co-owner of Thomas Charles Editions, LLC. She answers the questions: Is an appraisal a legal document and what about the IRS?:
IS AN APPRAISAL A LEGAL DOCUMENT?
Yes! An appraisal by a qualified appraiser can act as a legal document in insurance settlements, divorces, estate proceedings and other matters involving personal property.
Since 1991 ForensisGroup, Inc., has referred consultants, expert witnesses, forensic experts, and investigators in most technical, construction, medical, scientific, and engineering disciplines. Director Mercy Steenwyk advises legal professionals to keep these things in mind when looking at expert resumes, curriculum vitae (CV’s), and profiles:
1) Many areas of expertise might be satisfied by a range of disciplines.
Depending on the circumstance and the investigatory aims, fire cause and origin investigations may call for scientists, engineers, or skilled technicians in the building trades. Similarly, a given mold issue may be resolved by a medical toxicologist, general physician, environmental or occupational health expert, architectural engineer, or general contractor.
Antiques, art, and collectibles appraisal expert witness Lisa M. Barnes is co-owner of Thomas Charles Editions, LLC. She describes the professional appraisal process:
An appraiser uses a variety of tools: reference works, online electronic databases, and historical documents; and may consult with additional specialists in the field. Based on the analysis of the research, the appraiser produces an appraisal report detailing the appropriate valuation of your personal property.
It is best to get an appraisal before you need one. You will need an appraisal for:
When researching a machinery expert witness, look for the expert who can provide analysis, reports, exhibits, and testing facilities. Eckstine & Associates, Inc., advises that the testing facility should be capable of conducting detailed experiments, performing accident reconstruction, conducting complete testing, and verifying failure analysis. Since trial exhibits and visual aids play an important part in contributing to the understanding of the facts of any case, look for CAD design and manufacturing of mock-ups and trial exhibits as well as conventional drawings, animations, displays, warning, charts and models.
For more, see http://www.eckstine.net/
Antiques, art, and collectibles appraisal expert witness Lisa M. Barnes is co-owner of Thomas Charles Editions, LLC. She describes the professional appraisal process:
An appraiser uses a variety of tools: reference works, online electronic databases, and historical documents; and may consult with additional specialists in the field. Based on the analysis of the research, the appraiser produces an appraisal report detailing the appropriate valuation of your personal property.
It is best to get an appraisal before you need one. You will need an appraisal for:
There are several advantages to having your expert witness talk to the client directly. If your expert’s opinions will be based on the client’s observations and thoughts, the expert should meet and talk with that individual. For example, when the recollection of the plaintiff is crucial to the accident reconstruction expert witness’s opinion, and the plaintiff’s attorney fails to have his own expert meet the client, then the expert must rely on information the attorney gleaned at the deposition. If the expert only sees a summary of the client’s statement or deposition, there is no opportunity for the expert to ask pertinent questions directly.
After having researched and hired your expert witness, expect to give them the original or copy of every significant writing on which their opinion will be based. For example, in a neurology medical malpractice case, the neurology expert witness should be provided with complete copies of all the plaintiff’s medical records. While they may not have time to read all the records, the expert should be relied upon to determine which records are relevant. It may turn out that the expert finds relevant information in materials that the attorney believed to be of little value in his case.
Hiring a construction expert witness early on in your case is advantageous for several reasons. These expert witnesses may opine and write reports on construction investigations, construction standards of care, construction cost estimates, general contractors, licensed contractors, and construction disputes. They can also help:
Prepare discovery requests;
Prepare other witnesses and clients for their depositions;
If your case warrants it, it may be advantageous to hire more than one expert witness. For example, in an airplane case, you may need to select from the following types of aviation expert witnesses:
aircraft accident reconstruction expert witnesses aviation training expert witnesses aviation accident analysis expert witnesses aviation security expert witnesses air traffic control expert witnesses aircraft accident investigation expert witnesses aircraft contract manufacturing expert witnesses aircraft design expert witnesses
As much as possible, the experts should be instructed to avoid contact with each other to ensure that one will not “contaminate” the other(s).
Be sure to research and give serious consideration to the area of expertise you will need in an expert witness for your case. A few hours on cases analysis and background reading can save wasted time and money later down the road. If the case warrants it, it may be advantageous to hire more than one expert. For example, in an accident reconstruction case, this will allow you to:
1. Have the accident reconstruction expert witnesses compete and select the stronger one to testify at trial
2. Designate both as trial experts but keep one in reserve
