Appraisal Matters

Key 8 – Pre-Trial Preparation

Regardless of what level you will be discussing your case, your team members should, at the very least, know each other and develop a comfort level. Pre-trial preparation is where cases are won or lost. Most pre-trial preparation activities involve an appraiser. Your attorney or tax appeal personnel should provide the Assessor’s worksheets to the appraiser; they are the forms used by the Assessor for his/her value estimate and the assessment. The Assessor’s worksheet often lists comparable land sale, improved sale, operating expense comparables and capitalization rate comparables; if you provide this to the appraiser, he or she will be able to research them and be in a much better position to discuss them. Lastly, if an appraisal was performed by the Assessor’s staff or an independent appraiser, by all means obtain a copy.

With this information in hand, either meet with the appraiser or have a conference call. The goals are to determine the strengths and weaknesses of the appraiser’s report, the strengths and weaknesses of the opposing report or worksheet, discuss appraisal theory flaws, and define the key points that will be made. Some pre-trial preparation situations may require a mock trial to get the expert witness familiar with possible questions. The key is for the appraiser to “paint a picture” for the board members, judge or jury, preferably repeating the key points as many times as necessary to reinforce the logic behind the appraisal.

Example: We have seen too many cases where attorneys are briefed on a case just days before trial. The attorney must learn the nuances in too short of a time to make a spirited presentation. This situation is compounded when the attorney has little experience in appraisal theory. Seldom do those in this situation have the time to prepare meaningful charts, graphics and other exhibits to boldly present the merits of the case. Perhaps worst of all, the attorney has had too little time to examine the opponent’s appraisal. The probability of winning cases in this situation is much lower than it would be with proper preparation time.