Meditation Waccamaw Outlet Shopping Center Myrtle Beach, South Carolina

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ROLE OF THE APPRAISER IN LITIGATION April 23,
2009 3rd Annual Virginia Eminent Domain Seminar
Presented by Richard Marchitelli, MAI,
CRE Managing Director Cushman Wakefield, Inc.

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Missed Opportunities

• Not using an appraiser to his/her full potential
  can result in missed opportunities
• Universal rule that applies to all experts
• Underscores importance of communication at the
  outset of the engagement as well as the attention
  required throughout

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Underearning Asset

• Failure to understand the full potential of the
  role of the appraiser in litigation is analogous
  to an underperforming asset
• Often appraisers do not understand their true
  worth or the mutli-dimensional role they can play

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Advantages

• Appraisers possess
• Highly disciplined, well developed body of
  knowledge
• High levels of training and formal education
• Wealth of practical experience in valuation and
  damage situations

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Appraiser Services

• Appraisers often offer services in several,
  sometimes related, but nevertheless discrete
  areas such as
• Litigation consulting
• Expert testimony
• Trial support
• ADR

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Litigation Consulting

• Litigation consulting may include
• Assistance in developing theories of the case as
  they relate to property valuation and damage
  issues
• Identifying other experts
• Assistance in developing deposition questions and
  lines of cross examination

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Litigation Consulting

• Researching valuation literature
• Evaluating reports or appraisal experts on both
  sides for compliance with generally accepted
  valuation principles
• Researching backgrounds and prior testimony of
  opposing experts

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Litigation Consulting

• Evaluating performance of testifying experts on
  both sides, particularly during lengthy trial
• Identifying rebuttal issues and best qualified
  rebuttal witnesses

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Expert Testimony

• Expert testimony
• Identify scope of work for report and testimony
• Prepare report written or oral based on
  communication with counsel
• Careful preparation testimony
• Provide actual testimony

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Litigation Support

• Litigation support services are wide ranging.
  This may include some of the services as a
  litigation consultant but are subject to
  discovery. They may include
• Review of the opposing experts report
• Preparation of trial exhibits (an important but
  often overlooked service)

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Litigation Support

• Assist counsel in preparation of deposition
  and/or cross examination of opposing expert
• Assistance in researching relevant appraisal
  literature

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Litigation Support

• Assist counsel in preparing opening statements
  and/or pre-trial and post-trial memoranda
• Identification of rebuttal issues
• Identification of separate rebuttal witnesses

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• Richard Marchitelli, MAI, CRE
• Managing Director
• National Practice Leader
• Dispute Analysis Litigation Support Services
• Cushman Wakefield of Washington DC, Inc.
• 6000 Fairview Road, Suite 1110
• Charlotte, North Carolina 28210
• Direct 704-916-4447
• FAX [phone]
• Email richard.marchitelli_at_cushwake.com