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Mike Brandly, Opening Speaker, Ohio Auctioneers Association Conference 2019, Columbus, Ohio

Seemingly everyone has an opinion about almost everything. Best flavor of ice cream? Best movie? Ideal place to vacation? Lots of opinions and they seem to differ widely.

Ask any auctioneer about the best sound system, whether to sell online, live or simulcast, best software to use, should there be auctioneer licensing or not … for every such question, there are a multitude of opinions.

There are even auctioneers telling us who to vote for, who to vote against, who to believe, who not to believe, who’s credible, who’s crazy, etc. While opinions differ, it’s good to see our fundamental right of free speech exercised so rigorously.

For those wanting more information on what “freedom of speech” means and what it doesn’t mean, here’s an overview (which you can choose to believe or not:) https://www.uscourts.gov/about-federal-courts/educational-resources/about-educational-outreach/activity-resources/what-does.

In speaking to an attorney the other night on the phone, he asked if I had opinions about his subject litigation. I told him I did. Before I could elaborate to any great degree, he said, “Well, that’s what we’re going to want — how do we engage your services?”

Why does he want my opinion? Probably because he’s read what I’ve been writing and this will be the 25th such case of material claims (over $1,000,000) in which I’ve consulted [as of January 2019.] I’m not the only person what can offer such opinions, and won’t likely be the only opinionator at this trial.

Nonetheless, what — if any — opinions can I offer auctioneers that maybe nobody else can? My experience in cases such as this, for one. I’ve worked with over 40 different attorneys on auction-related cases, and have reviewed contracts, video and audio recordings, photographs, terms and conditions, settlements and various claims and counterclaims regarding.

I have a pretty good feel — as I often tell groups of auctioneers — how to stay out of court as I’ve seen an innumerable number of ways to end up in trouble (and court.) Of course, if you want to be in court defending yourself, that’s your [however misguided] prerogative. (https://mikebrandlyauctioneer.wordpress.com/2018/07/26/auctioneers-you-want-win-in-court-or-stay-out-of-court/)

Another result of my extensive court experience is that the Indiana Auctioneers Association has again asked me to teach auctioneer continuing education throughout the state of Indiana — this time in 2019/2020, and new for this stretch host a discussion on select court cases in which I’ve been an expert witness — to the extent I can discuss — and lessons learned.

In summary, I think “vanilla,” “Breakfast at Tiffany’s,” and “Vermont,” and you certainly don’t have to agree. In fact, you don’t have to agree with anything I say or write, but I would offer if staying out of court as an auctioneer (or surviving better in court) is your goal, I can be helpful.

Click here for more information: https://auctionlegalconsulting.com/

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.