OUR STRENGTHS
The Law
Understanding established and developing law
Auction law is largely state law, and - while there are statutory considerations - much of auction law is based on court decisions. Because there is no comprehensive body of auction law jurisprudence in any single state, it is often necessary to look to persuasive decisions from other jurisdictions. We can point you in the right direction.
The Industry
Putting your case in context
Auctioneering is a nuanced and idiosyncratic profession. Our understanding of the industry and customary practices can provide essential context to any auction-related dispute or controversy.
The Courtroom
Educating the judge, jury, lawyers, and administrators
The unfortunate reality is that many players in the litigation process - including judges, juries, lawyers, and administrators, - have little or no experience with the auction industry or the law as applied to the auction industry. Because of this, there is often a steep learning curve complicated by false-starts and missteps. Additionally, unqualified or unsustainable "expert" opinions can influence the outcome of a case if not properly challenged. AuctionLit can help you navigate all stages of the litigation process, identify experts, help to challenge opposing experts, and help to package your case for trial - all while helping to educate the judge, the jury, the litigants, and the lawyers.
OUR SERVICES
Case Evaluation • Strategy • Litigation Support
AuctionLit's founding member is an experienced auction attorney, familiar with industry standards, customary practices, and the law as it applies to auctions and auctioneers. AuctionLit can provide a timely - and valuable - early assessment of your case, followed by in-depth analysis and critique. If you have an attorney (or if you are an attorney undertaking an auction-related case) AuctionLit can help with case evaluation, research, and strategy. AuctionLit can assist at all stages of litigation, including pleading, motion practice, discovery, settlement negotiations, trial, and appeal. We can put you in touch with qualified and experienced attorneys. We can review pleadings, motions, and briefs, and assist in the drafting process. AuctionLit's principal, George Michak, was recently brought into a case after an adverse decision was rendered in the trial court, and took the case up the Virginia Supreme Court - winning a reversal.
Contract Review and Analysis
Multiple contacts are implicated in each auction transaction, including (i) a contract between the auctioneer and the seller, (ii) a contract between the auctioneer and each bidder, (iii) a contract between the seller and each bidder, and (iv) a contract between the seller and the buyer. Understanding each of these contracts - and how they work together - is critical to understanding the rights and responsibilities among the parties in an auction transaction. AuctionLit can inform you about stanard and one-off terms, and can assess the specific terms to the contracts involved in your case.
Expert Witnesses
The successful presentation of an auction case in court will often require the services of an expert witness, A well-qualified expert may also increase the possibility of an early, favorable, settlement. However, not all experts are created equal, and you can't take a one-size-fits-all approach with regard to auction industry experts. AuctionLit can identify experienced, highly regarded, auctioneers in all market segments and asset classes, and can help you identify the appropriate expert with hands-on experience relevant to the specific facts and circumstances of your case – whether involving real estate, fine art, jewelry, antiques, collectables, toys, documents, books, machinery and equipment, motor vehicles, premises liability, or other subject matter. There is not a single expert who can satisfy all of those needs. AuctionLit will help you find the right expert, with the right experience, and the right reputation. Equally as important, AuctionLit can evaluate the experts identified by an adverse party and assist with deposition, rebuttal, and impeachment.
The importance of a well-qualified expert cannot be overstated. At trial, the right expert should be able educate the jury – and the judge – about industry standards and customary practices, and should be a tour guide to the auction profession.
Remarkably, there have been numerous documented cases in which the outcome of litigation has been determined based on the testimony of an unqualified, but unchallenged, "expert" whose otherwise unsustainable opinions have been accepted when not rebutted. AuctionLit can help you avoid this pitfall.
