Expert Witness Litigation Support Work is "Trying"
William M. Novotny ISA AM
Personal Property Appraiser
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Experience Matters
Novotny is frequently retained as a litigation consultant for personal property valuation. He has been designated as a personal property and antiques expert witness appraiser on many occasions and provided testimony at deposition or trial.
Most litigation support assignments relate to personal
property damage or loss alleged to have been caused by water intrusion, fire, mold or asbestos contamination, theft or conversion. Some of Novotny's appraisal assignments had multiple plaintiffs. In several cases the subject properties were not available for inspection. Novotny specializes in appraisal assignments in which the subject property cannot be inspected. In some assignments the subject property was covered by an applicable homeowners or renters insurance policy.
Please note that Novotny does allow his name to be submitted as an expert witness without written prior agreement and payment of a retainer fee.
Staged Assignments
Some appraisal assignments can cost-effectively progress in stages. The initial scope of work may be limited, such as when a client is facing a mediation or settlement conference, or informal negotiations, and needs to make or accept a preliminary offer. The client needs a preliminary, but credible, opinion of the total aggregate value of the subject properties to do so. If settlement is not achieved, and the matter goes to trial, the scope of work, when limited, can be expanded to develop a more evidentiary basis to support testimony.
Expert Witness Work is Demanding
Court proceedings are adversarial and designed to get at the truth. Expert witnesses frequently disagree. The expert witness appraiser is under intense scrutiny. Appraiser competence, ethics and methods are questioned. The most ethical, competent, qualified and experienced appraisers, that present the most persuasive and factually based opinions, will prevail in most cases.
▪ Novotny's testimony is based on facts, proper appraisal methodology and a scope of work sufficient to develop credible assignment results. His property identification and valuation is backed by many years of market knowledge and experience.
▪ When you retain Novotny he will identify and understand the appraisal problem, and explain his scope of work and the solution to the appraisal problem based on the questions posed to him.
▪ His standard of care will meet or exceed the requirements of the Uniform Standards of Professional Appraisal Practice and the actions of his peers.
▪ He will give his own opinion based on the facts of the case.
▪ He will demonstrate a mastery of the technical aspects of the appraisal.
▪ He will will always remain independent, objective and impartial.
▪ He will present a professional appearance and demeanor.
▪ He will consider the question posed carefully and provide a simple, direct answer.
▪ He will use clear, plain and non-technical language.
▪ He will tell the truth always, and not advocate or push a client's interests.
On January 3, 2012 a Novotny litigation support conversion matter went nearly full course when the litigants settled. Novotny was scheduled to provide trial testimony on January 4, 2012. Novotny is scheduled for trial again at the end of February 2012 on an unresolved insurance damage and loss claim
Novotny is Familiar with Most Types of Personal Property
Novotny
is knowledgeable about most objects and how the market responds to them. He
is generally familiar with, and able to identify rare, unusual and
important objects.
Novotny has over 30 years of market experience.
Frequently Novotny knows the value of common objects with minimum or no market research. The cost to value an object should not exceed its value. Novotny can provide a quick, complete, USPAP compliant, oral, onsite valuation, or a brief short-form restricted use written report to assist the attorney in preliminary negotiations. Experience matters...BUT
Competency is Essential
In 2011 Novotny published an article in the Journal of Advanced Appraisal Studies (JAAS) regarding the competency requirements that apply to generalist personal property appraisers. The article is entitled: "When Does USPAP Require a Competency Disclosure". A related article entitled COMPETENCY RULE OR SCOPE OF WORK RULE: Which Rule Rules can be reviewed on this website. These articles focus on the USPAP requirements that apply to the generalist personal property appraiser when encountering types of personal property and antiques with which the appraiser has limited knowledge and experience. Beware of appraiser incompetency!
Mistakes in the appraisal process can be costly. For example a very rare Pennsylvania redware heart-shaped inkstand, that was signed and slip decorated with hearts, sold to a dealer for $28,750.00 at a Crocker Farm Auction which specializes in early American pottery. One month earlier this inkstand sold as part of a tray-lot for $14 at small York County Pennsylvania auction (Maine Antiques Digest, May 2011 page 29C).
An appraiser could find such an object in any residential contents appraisal. The appraiser must be competent enough to recognize the object as early redware, and be experienced and diligent enough to understand that the rare form, good decoration and signature are all important property characteristics that must be considered in the valuation process. The appraiser is then in a position to identify and research the relevant market for such an item such as, in this instance, the Crocker Farm Auction in which the object recently sold.
Appraisal Without Inspection
In some appraisal assignments the personal property is no longer available for inspection. Novotny specializes in this type of appraisal assignment. Two types of people can give testimony regarding value in California courts, the party that suffered the loss (the plaintiff) and a designated expert witness, usually an appraiser. The claims of the plaintiff must be considered in the context of the relevant legal value definition and the appropriate market level relevant to the value definition. Usually it is a defendant that seeks Novotny's valuation, but Novotny seeks, and has provided, the same service to plaintiffs. The value conclusions will be the same in either case.
Novotny brings substantial knowledge and experience to such appraisal assignments. In 2008 he published an article in the Journal of Advanced Appraisal Studies entitled "Equivalent Samples" which offers in depth information regarding the relevant theory, methods and the USPAP requirements that apply to a personal property appraisal in which the property is destroyed, stolen, lost or converted and cannot be inspected. Several of Novotny's expert witness appraisal assignments were of this type.
Novotny served very successfully as an expert witness in an important out of state federally litigated loss assignment. The property was destroyed and could not be inspected. Many of the subject property types had a western USA focused cowboy and Native American Indian market. The assignment was conducted by means of email, mail, limited photographs, a submitted claim, depositions and telephone consultation with the client as a distant appraisal. The matter settled based on Novotny's appraisal prior to trial.
Find out how to describe properties that must be appraised, but cannot be inspected.
If the appraiser does not understand and properly identify the problem, the appraisal is doomed and unlikely to be worthy of belief. Identifying the problem is JOB ONE for Novotny. JOB TWO is to develop credible assignment results and properly answer the clients questions in a manner that is not misleading and is relevant to intended use. See how the requirements of USPAP apply to the appraisal process in all appraisal assignments.
See Novotny's Curriculum Vitae/Professional Profile to find out more about his qualifications. Find out more about Novotny's background and experience.
Visit the Home Page for general information regarding Novotny's Appraisal Services.
Contact Novotny now to discuss your litigation support and expert witness antique and personal property appraisal needs.
Novotny has over 30 years of market experience.
- Antique dealer (1979-1999),
- Estate sale agent (1989-present) and
- Antiques, personal property and residential contents appraiser (since 1993)
Frequently Novotny knows the value of common objects with minimum or no market research. The cost to value an object should not exceed its value. Novotny can provide a quick, complete, USPAP compliant, oral, onsite valuation, or a brief short-form restricted use written report to assist the attorney in preliminary negotiations. Experience matters...BUT
Competency is Essential
In 2011 Novotny published an article in the Journal of Advanced Appraisal Studies (JAAS) regarding the competency requirements that apply to generalist personal property appraisers. The article is entitled: "When Does USPAP Require a Competency Disclosure". A related article entitled COMPETENCY RULE OR SCOPE OF WORK RULE: Which Rule Rules can be reviewed on this website. These articles focus on the USPAP requirements that apply to the generalist personal property appraiser when encountering types of personal property and antiques with which the appraiser has limited knowledge and experience. Beware of appraiser incompetency!
Mistakes in the appraisal process can be costly. For example a very rare Pennsylvania redware heart-shaped inkstand, that was signed and slip decorated with hearts, sold to a dealer for $28,750.00 at a Crocker Farm Auction which specializes in early American pottery. One month earlier this inkstand sold as part of a tray-lot for $14 at small York County Pennsylvania auction (Maine Antiques Digest, May 2011 page 29C).
An appraiser could find such an object in any residential contents appraisal. The appraiser must be competent enough to recognize the object as early redware, and be experienced and diligent enough to understand that the rare form, good decoration and signature are all important property characteristics that must be considered in the valuation process. The appraiser is then in a position to identify and research the relevant market for such an item such as, in this instance, the Crocker Farm Auction in which the object recently sold.
Appraisal Without Inspection
In some appraisal assignments the personal property is no longer available for inspection. Novotny specializes in this type of appraisal assignment. Two types of people can give testimony regarding value in California courts, the party that suffered the loss (the plaintiff) and a designated expert witness, usually an appraiser. The claims of the plaintiff must be considered in the context of the relevant legal value definition and the appropriate market level relevant to the value definition. Usually it is a defendant that seeks Novotny's valuation, but Novotny seeks, and has provided, the same service to plaintiffs. The value conclusions will be the same in either case.
Novotny brings substantial knowledge and experience to such appraisal assignments. In 2008 he published an article in the Journal of Advanced Appraisal Studies entitled "Equivalent Samples" which offers in depth information regarding the relevant theory, methods and the USPAP requirements that apply to a personal property appraisal in which the property is destroyed, stolen, lost or converted and cannot be inspected. Several of Novotny's expert witness appraisal assignments were of this type.
Novotny served very successfully as an expert witness in an important out of state federally litigated loss assignment. The property was destroyed and could not be inspected. Many of the subject property types had a western USA focused cowboy and Native American Indian market. The assignment was conducted by means of email, mail, limited photographs, a submitted claim, depositions and telephone consultation with the client as a distant appraisal. The matter settled based on Novotny's appraisal prior to trial.
Find out how to describe properties that must be appraised, but cannot be inspected.
If the appraiser does not understand and properly identify the problem, the appraisal is doomed and unlikely to be worthy of belief. Identifying the problem is JOB ONE for Novotny. JOB TWO is to develop credible assignment results and properly answer the clients questions in a manner that is not misleading and is relevant to intended use. See how the requirements of USPAP apply to the appraisal process in all appraisal assignments.
See Novotny's Curriculum Vitae/Professional Profile to find out more about his qualifications. Find out more about Novotny's background and experience.
Visit the Home Page for general information regarding Novotny's Appraisal Services.
Contact Novotny now to discuss your litigation support and expert witness antique and personal property appraisal needs.
Copyright 2011 - all rights reserved - William M. Novotny