"Consulting" a legal risk?

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Sorry to hear about the HWA. What'll the loss of the hemlock do to those big Liriodendron I wonder?:jawdrop:

streme, I do charge for my time, not sure what you meant there. I just had my client hire a guy to give a second opinion on a case. He's a PhD and he charged $250/hour. Client had sticker shock and called me; I could not get him to go down a penny but he still got the job. Kinda gives ya something to shoot for, doesn't it?:)

Max, I've only had E&O for a few years but I've been selling opinions a lot longer. It's all in how you phrase it and cya; no need to avoid charging if you are careful. I've regularly charged for consulting since getting certified in 1992.
 
I apologize I get very frustrated at our industry, its very cut throat from what I can see, I stay in contact with alot of large shops. They have so much overhead they charge so little to get jobs to keep working. Im sorry Im off topic. I get really frustrated doing sales. Folks dont wnna know about what a C.A. is or does could care less just want price.
 
treeseer said:
YOu can call yourself a consulting arborist if all you know is how to mow a lawn; the phrase is not trademarked. "ISA certified Arborist" is, as is "ASCA RCA'.

Expert witnesses can be approved by the court no matter what the qualifications; it's up to the judge. I hope Mr. Eyre has the good judgment to admit it when he is over his head (as we all can be). Perjury is a serious thing.

There's a guy in DE who wrote the book on consulting.
thanks ts
 
xtremetrees said:
I apologize I get very frustrated at our industry, its very cut throat from what I can see, I stay in contact with alot of large shops. They have so much overhead they charge so little to get jobs to keep working. Im sorry Im off topic. I get really frustrated doing sales. Folks dont wnna know about what a C.A. is or does could care less just want price.
thats by you bro , dont be discouraged by some cutthroat hacks, offer a better service that is gonna be more expensive
 
treeseer said:
If you tell the court that you are an expert, then offer wrong opinions with poor judgment, you may be in trouble. Professor Eyre is not even an isa certified arborist. Since he did the kind favor of warning you that you should not advertise consultations, you may want to return the favor by warning him about offering opinions on tree risk.

Even if he is not paid, he still may be liable. His employer, the college, may also want to know that he is using his position there to qualify his opinions on tree risk. In NC we had an entomologist telling people that low-risk trees were "killers", and that big trees with massive defects were safe. After his dept. head caught wind of this, the guy retired from the U.
wow excellent info
 
Opinions vs written statements

Having errors and omissions insurance is good for some but I would suggest that everyone
take a few classes on correct wording in contracts, limits of liability etc.

Your Opinion is just that... an opinion. When you make outright statements and put them
in writing you are putting yourself out on a limb so to speak. I would love to see case law
on someone being sued over their opinion.

It is not if you are going to be sued but when. Learning to use the proper verbiage when
describing your opinion and using key words can save you headaches down the road.

Just my few shekels
 
You'se eggstackly right.

I should have mentioned that I do expert witness stuff in my field. Criminal cases, but the same rules apply.
 
if your not ready to go to court to back up your work,then dont do the work.
even if its just "advice"
.
if this statement makes you scared,then your NOT properly trained,and your in the WRONG field.imo only experts belong here,willing to do anything.
 
BlueRidgeMark said:
You'se eggstackly right.

I should have mentioned that I do expert witness stuff in my field. Criminal cases, but the same rules apply.
Mark, what is your field of expertise?
 
BlueRidgeMark said:
Engineering cellphone networks.
Cool, no cellphones where I live, pita. Oh well, maybe it will happen, just not enough population to make it profitable I guess.
 
If you're leery of giving opinions (as we all should be), use a disclaimer like the below. Vary it to fit each assignment. It will not save you from all repercussions stemming from bad advice, but it should make giving good advice a little more doable.


ASSUMPTIONS AND LIMITING CONDITIONS
1. Any legal description provided to the consultant/appraiser is assumed to be correct.
Any titles and ownerships to any property are assumed to be good and marketable.
No responsibility is assumed for matters legal in character. Any and all property
is appraised or evaluated as though free and clear, under responsible ownership
and competent management.
2. It is assumed that any property is not in violation of any applicable codes,
ordinances, statutes, or other governmental regulations.
3. Care has been taken to obtain all information from reliable sources. All data
has been verified insofar as possible; however, the consultant/appraiser can neither
guarantee nor be responsible for the accuracy of information provided by others.
4. The consultant/appraiser shall not be required to give testimony or to attend
court by reason of this report unless subsequent contractual arrangements are made,
including payment of an additional fee for such services as described in the fee
schedule and contract of engagement.
5. Loss or alteration of any part of this part of this report invalidates the entire
report.
6. Possession of this report or a copy thereof does not imply right of publication
or use for any purpose by any other than the person to whom it is addressed, without
the prior express written or verbal consent of the consultant/appraiser.
7. Neither all nor any part of the contents of this report, nor copy thereof, shall
be conveyed by anyone, including the client, to the public through advertising,
public relations, news, sales or other media, without the prior expressed written
or verbal consent of the consultant/appraiser -- particularly as to value conclusions,
identity of the consultant/appraiser, or any reference to any professional society
or institute or to any initialed designation conferred upon the consultant/appraiser
as stated in his qualifications.
8. This report and any values expressed herein represent the opinion of the consultant/appraiser,
and the consultant's/ appraiser's fee is in no way contingent upon the reporting
of a specified value, a stipulated result, the occurrence of a subsequent event,
nor upon any finding to be reported.
9. Sketches, diagrams, graphs, and photographs in this report, being intended as
visual aids, are not necessarily to scale and should not be construed as engineering
or architectural reports or surveys.
10. Unless expressed otherwise: 1) information contained in this report covers only
those items that were examined and reflects the condition of hose items at the time
of inspection; and 2) the inspection is limited to visual examination of accessible
items without climbing, dissection, excavation, probing, or coring. There is no warranty
or guarantee, expressed or implied, that problems or deficiencies of the plants
or property in question may not arise in the future.
 
treeseer said:
If you're leery of giving opinions (as we all should be), use a disclaimer like the below. Vary it to fit each assignment. It will not save you from all repercussions stemming from bad advice, but it should make giving good advice a little more doable.


ASSUMPTIONS AND LIMITING CONDITIONS
1. Any legal description provided to the consultant/appraiser is assumed to be correct.
Any titles and ownerships to any property are assumed to be good and marketable.
No responsibility is assumed for matters legal in character. Any and all property
is appraised or evaluated as though free and clear, under responsible ownership
and competent management.
2. It is assumed that any property is not in violation of any applicable codes,
ordinances, statutes, or other governmental regulations.
3. Care has been taken to obtain all information from reliable sources. All data
has been verified insofar as possible; however, the consultant/appraiser can neither
guarantee nor be responsible for the accuracy of information provided by others.
4. The consultant/appraiser shall not be required to give testimony or to attend
court by reason of this report unless subsequent contractual arrangements are made,
including payment of an additional fee for such services as described in the fee
schedule and contract of engagement.
5. Loss or alteration of any part of this part of this report invalidates the entire
report.
6. Possession of this report or a copy thereof does not imply right of publication
or use for any purpose by any other than the person to whom it is addressed, without
the prior express written or verbal consent of the consultant/appraiser.
7. Neither all nor any part of the contents of this report, nor copy thereof, shall
be conveyed by anyone, including the client, to the public through advertising,
public relations, news, sales or other media, without the prior expressed written
or verbal consent of the consultant/appraiser -- particularly as to value conclusions,
identity of the consultant/appraiser, or any reference to any professional society
or institute or to any initialed designation conferred upon the consultant/appraiser
as stated in his qualifications.
8. This report and any values expressed herein represent the opinion of the consultant/appraiser,
and the consultant's/ appraiser's fee is in no way contingent upon the reporting
of a specified value, a stipulated result, the occurrence of a subsequent event,
nor upon any finding to be reported.
9. Sketches, diagrams, graphs, and photographs in this report, being intended as
visual aids, are not necessarily to scale and should not be construed as engineering
or architectural reports or surveys.
10. Unless expressed otherwise: 1) information contained in this report covers only
those items that were examined and reflects the condition of hose items at the time
of inspection; and 2) the inspection is limited to visual examination of accessible
items without climbing, dissection, excavation, probing, or coring. There is no warranty
or guarantee, expressed or implied, that problems or deficiencies of the plants
or property in question may not arise in the future.
you da man thanks seer!
 
clearance said:
Cool, no cellphones where I live, pita. Oh well, maybe it will happen, just not enough population to make it profitable I guess.


Yep. It's a numbers game. If it makes you feel any better, after 22 years in this business, I have YET to live somewhere that had decent service. :D


There's alway satellite phones...
 
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