Recently there was some interesting — and quite frankly hurtful — comments made about my expert witness work. To be specific, I was falsely accused of, “going after auctioneers,” or “soliciting people to go after auctioneers.”
First of all, I’m not going after anyone as I’m not a party to any of the lawsuits where I’m asked to testify. Rather, either the plaintiff or defendant (or attorney) hires me. Secondly, about 70% of the time I’ve been asked to be an expert witness I’ve been hired by an auctioneer or his/her attorney. About 30% of the time a seller or bidder/buyer and/or attorney hires me.
As I have told countless people in my industry — I’m either trying to help an auctioneer or the auction industry.” What I mean by that is either one of my fellow auctioneers needs my help or one of my fellow auctioneers needs to better serve his clients and/or customers — which will help all of us and the auction industry as a whole.
For the minority of cases I lend assistance, I’m assuming it’s right I argue that with reserve auctions shouldn’t be advertised as absolute? Auctioneers shouldn’t be taking fictitious bids? No auctioneer should work without a written contract? Property at auction shouldn’t be misrepresented?
While testifying in court the other day, opposing counsel asked me if I was hired to advocate for the other party. I replied “advocate” isn’t what I do, but rather follow the facts where they lead … possibly something my accusers should more carefully consider?
Lastly, for the third time in the past two years both parties in the same lawsuit contacted me about being of assistance. Generally, I can only assist the plaintiff or defendant unless there is mediation or arbitration; we take our work as an expert witness seriously and have always been held to have been fair and honest with all parties involved.
Mike Brandly, Auctioneer, CAI, CAS, AARE has been an auctioneer and certified appraiser for over 30 years. His company’s auctions are located at: Mike Brandly, Auctioneer, RES Auction Services and Goodwill Columbus Car Auction. He serves as Distinguished Faculty at Hondros College, Executive Director of The Ohio Auction School, an Instructor at the National Auctioneers Association’s Designation Academy and America’s Auction Academy. He is faculty at the Certified Auctioneers Institute held at Indiana University and is approved by the The Supreme Court of Ohio for attorney education.