Estate & Legal
What Attorneys Should Specify When Ordering a Litigation Appraisal
Clear scoping at the start of an assignment makes the difference between a report that holds up and one that invites challenge.
Divorce, probate disputes, condemnation, and other litigation matters frequently rely on an independent, well-documented opinion of a property's value. The strength of that report often depends less on the appraiser's skill alone and more on how clearly the assignment was scoped at the outset. The following points are worth confirming before an engagement letter goes out.
Four Things to Confirm Before the Assignment Begins
Intended Use & Effective Date
State whether the assignment calls for a current-date opinion of value or a retrospective (past-date) one — divorce, probate, and condemnation matters often turn on a specific date that must be identified up front, not left to interpretation.
Scope of Work & Report Type
Confirm whether a full appraisal report or a more limited restricted-use report meets the case's needs — a report intended for opposing counsel, a hearing, or discovery generally calls for a more detailed, fully documented format than an internal-planning assignment.
Engagement Terms That Preserve Independence
An engagement letter should never suggest a predetermined value or outcome. Appraisers who accept assignments contingent on reaching a specific number risk both the report's credibility and its admissibility.
Availability for Deposition or Testimony
If the matter may proceed to a hearing or trial, confirm the appraiser's availability and experience providing deposition or expert testimony before the assignment begins, not after the report is delivered.
Consistency Matters as Much as a Single Report
For firms that handle recurring case types — divorce asset division, probate settlement, condemnation — working with the same independent appraiser across matters builds a track record of consistent methodology that opposing counsel, judges, and Boards of Equalization come to recognize, rather than starting the credibility conversation over with a new appraiser on every file.
Frequently Asked Questions
This information is provided for general educational purposes and is not legal advice. Assignment scope, report type, and admissibility requirements vary by matter and jurisdiction — consult the appraiser and case counsel for guidance specific to your situation.