No, assuming confidential information is handled correctly. However, there are common business practices in such circumstances. Often, the opposing parties each hire an appraiser to appraise the subject property. If the opposing parties do not plan to hire one appraiser jointly, each party could make it a part of the agreement between the appraiser and the client (the engagement letter or contract) that the appraiser is not to appraise the property for anyone representing the opposing side of the legal action.
In the absence of such an agreement between the client and the appraiser, the appraiser should consider the presence of confidential information. The knowledge of confidential information may prevent the appraiser from accepting the second assignment. The appraiser must decline the second assignment if:
the appraiser used confidential information in performing the first assignment;
that information would not be available from any other source; and
credible results cannot be derived without the use of this confidential information.
However, the appraiser may accept the second assignment, making sure to not disclose any confidential information from the original assignment to the second client, if
he information is available from another source (meaning it is not confidential information, as defined); or
the confidential information is not material to deriving credible assignment results.
However, the appraiser must ensure that confidential information is not disclosed, even if it has no impact on the assignment results (such as the litigation strategy of attorneys representing the first client).
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