This case takes place in West Virginia and involves alleged attorney malpractice in the representation of a client at an eminent domain hearing. Plaintiff argues the attorney representing them in the condemnation proceeding retained an appraiser who was not one of the previously approved appraisers as per an existing agreement. This appraiser’s valuation was substantially lower than anticipated and was rejected by the judge presiding over the case. We require an attorney who specializes in eminent domain matters to review the case and opine as to whether the attorney’s actions in this case constitute malpractice.
Question(s) For Expert Witness
- 1. Do you frequently work on matters relating to eminent domain?
- 2. Have you represented clients in a condemnation proceeding?
- 3. Have you ever served as an expert on a case involving alleged attorney malpractice?
Expert Witness Response E-012966
I have represented clients in eminent domain and inverse condemnation cases. I have retained appraisers in several of my cases, addressing a variety of issues, including some very unique valuation issues. I taught appraisal in one of my classes at Virginia Tech, and teach eminent domain in my classes at WVU College of law, and taught the topic in my courses at Virginia Tech. Appraisers and appraisals are a frequent topic of discussion.
Expert Witness Response E-009431
I have handled eminent domain cases. I am presently handling a complex inverse condemnation action in Federal Court involving the USDA. I have qualified as an expert in eminent domain cases in the area of real estate and have testified in NC in such cases. I have defended several hundred legal malpractice cases and have testified as an expert on the standard of care in legal malpractice cases both for and against the attorney in NC. I have not qualified as an expert in such matters in NY nor am I licensed to practice there.