Recently I had the opportunity to serve as an expert witness in a court case. You may be thinking, “What the heck are you an expert at?” and that’s probably a fair question. Even though I only write about real estate every once in a while, I am a real estate appraiser and broker. I have worked in the field long enough that I have accumulated over 40,000 hours of experience, on top of the uncounted hours of education. With that much time invested in it, even I am bound to pick up a few things.
I have prepared appraisals for somewhere around a hundred legal cases, but I have only had to actually testify in court five or six times. In this case, the attorney who hired me wanted me on hand for all of the testimony, so I joined the proceedings right after jury selection.
The judge entered the courtroom before the jury and invited the attorneys to go through an unsettled list of pre-trial items. Questions were asked, rulings were made or promised, outstanding objections noted.
Seeing the attorneys in this setting, without a jury present, was revealing. There is a certain amount of theatrics to trying a case before a jury. No, it’s not like Hollywood’s version of courtroom drama, but trial attorneys know a bit about bluff and bluster. But without the jury present, they were polite, direct, and steeped in the language of law.
There are a lot of jokes about how often attorneys lie, but as advocates — while they are not allowed to lie— they are expected to make the best case for their client. Even if they know that their client is guilty, the attorney’s duty is to provide the best defense available. So the attorney’s job — the job we expect them to do — is to downplay evidence that hurts their client’s case, call into question witness testimony when it is unhelpful, and provide evidence that supports alternative theories.
This is an occasional source of tension between attorneys and appraisers. Appraisers are not allowed to advocate at all. We are bound by state law to be neutral, disinterested, and unmotivated by how our estimated value might help or hurt our clients. Attorneys have a hard time understanding this about appraisers, and appraisers have a hard time understanding why their attorney clients are always asking for a “high” number or a “low” number. We are trained to give the right number.
Throughout the three days that I was in that courtroom, I studied procedure. There were a lot of objections. There were dozens of sidebars on the side of the bench further away from the jury. There were also times when the jury was asked to leave, and the attorneys would talk openly with the judge. There was a lot of standing and sitting.
The case evolved in fits and starts, with small gains and losses over the phrasing of a question. Attorneys were trying to gauge the changing mood of the jury while witnesses were examined or cross examined. At times, a few pages of evidence were presented. One counselor was building a case brick by brick while the other simultaneously tried to disassemble the same case, brick by brick.
There were no “ah-ha!” moments like you would see on TV or the big screen. There were no rousing speeches. There were no verbal traps. No over-the-top courtroom flair. No swelling of tense background music.
But it was riveting to watch.
I came away from the experience with an increased respect for our legal system. The work attorneys put in on behalf of their clients is huge. The hours judges put in listening to cases, trying to thread the needle between the objections so both parties can have a fair hearing, often working well past the hours when the jury has gone home. The solemn and mysterious roles of the other officers of the court. And the jury themselves, spending hours upon hours focused on someone else’s problem.
I have known for years that what we have is not a perfect system, but I cannot think of a better way to sort out our legal differences. Even having been to a few court proceedings where I was not a witness, on top of having testified myself, it was interesting and immersive lesson in civics. Maybe when I’m retired, I’ll skip the matinee and take in some court cases.
Will Wood is a small business owner, veteran, and half-decent runner. He lives, works, and writes in West Chester.
Source: Berkshire mont
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