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We can help you with auction litigation and related disputes. We’re not attorneys who are merely familiar with auctions, but rather auctioneers who have unmatched knowledge of both auction law and customary practice.
We’ve been in the auction business over 30 years. We’ve been writing, analyzing, and helping attorneys around the United States since 2006. Our work has taken us to Ohio, Indiana, Louisiana, California, New York, Texas, Illinois, Virginia, Tennessee, Oklahoma, Pennsylvania, West Virginia, Washington, Nevada, Arizona, Mississippi, and New Jersey.
Here’s some more details from a recent interview:
Q: You’re well known as an auctioneer and teacher, but fewer people are familiar with your legal consulting work. Tell us more about it.
Over the years, I’ve had a special interest in the legal and ethical aspects of auctioneering, and I’ve written and taught a great deal on these topics. This was a natural outgrowth of my work as an auctioneer, because some of the laws and regulations governing the industry are complex and vary widely from state to state. Auctioneers have to study constantly to conform to these regulations, and failure to do so can result in the loss of a payday or — worse — an expensive lawsuit. Unfortunately, lawsuits will happen, and few attorneys can stay abreast of auction law. That’s where I come in — as a consultant to those attorneys.
Q: What are your most common consulting services?
I provide litigation advice to attorneys, review affidavits, testify in court, assist with depositions, review contracts, and review almost anything that can affect the outcome of a case — whether it’s existing litigation or an upcoming trial.
Q: How do you typically get brought in on a case?
It usually starts with a call from an attorney handling the case, though there have also been cases when the auctioneer calls me first. Since I’m not a lawyer, I generally encourage auctioneers to hire legal counsel at the outset.
Q: What are the advantages of hiring you versus just having the attorney do all the work?
Few lawyers have a comprehensive knowledge of the field, whereas I work in it every day. In many cases, I can immediately provide the answers to questions that might otherwise require hours of expensive legal research. This can help hold down the cost of litigation, while also saving time and lost motion. For example, in some cases I can reliably assess the client’s chances of prevailing in the case. This can result in a change of strategy from attempting to win outright to settling, for example.
Q: Do you primarily represent auctioneers?
As an auctioneer myself, and part of the industry, I typically prefer to work for the auctioneer’s legal team, though there could be exceptions.
Q: What are some of the most common causes of litigation?
The most common are also some of the easiest to prevent if auctioneers simply apply common sense and basic principles of fairness. Misrepresenting the asset being sold is undoubtedly the most common. There’s a common myth among some auctioneers that the words “as is” amount to a magic formula for avoiding trouble. The world isn’t quite that simple, of course. For example, bidders must be allowed reasonable access and time to inspect the asset and conduct their own due diligence. Expressed or implied claims in marketing materials, or even in comments by the auctioneer and his or her associates, can be taken into account.
Q: How common are cases that involve bid irregularities?
These are among the most common, and they can come in many forms. In my teaching and writings, I spend a great deal of time promoting sound, ethical practices, as these are ultimately the best way to prevent problems in the first place.
Attorneys, auctioneers, sellers, bidders and buyers have hired us to successfully argue in favor of (or to avoid) compensatory and consequential damages with total claims exceeding $279 Million.
See here our auction and customary practice blog, which is the most read treatise on auction-related topics in the United States: https://mikebrandlyauctioneer.wordpress.com/
Additionally, here is a list of material past cases (password protected — contact us for access) for which we’ve consulted: https://auctionlegalconsulting.com/case-consulting-resume/
Reach us directly at (614) 461-9229; direct confidential textual messages to: mbrandly@mbauctioneer.com
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