# Old Chip went to Court today !



## OLD CHIPMONK (Aug 7, 2008)

This case dated back to July of 2002 . At that time I was an ISA Certified Arborist . The client's neighbor cut & removed 3 trees which shaded her place of business ! I might add, she had not given her written or verbal consent. This act was committed while she was away , vacationing. I was sworn in today as an " Expert Witness " after a brief period of questioning by both attorney's & the Judge ! Originally this was to be a Jury Trial & at the last minute switched to a Bench Trial ( Judge only one hearing the case & rendering his decision ). During testimony we discussed CoR, RCM , CoC & agreed to use an Appraised Tree Value Worksheet, as approved by the Southern Chapter-ISA. Tempers flared & the Defendants Attorney, got a little hostile towards me," I love it ". After about 30 min. of testimony, there were no further questions; I was finished & excused. The Plaintiff's Attorney approached me, gave me his Business Card & said " send me a Bill for your time " ! Gentlemen " what is a fair market value for 3.5 hours of my time ( excluding 1 hour travel time ). I would appreciate your input or past expierience as " Expert Witness ". Thank You, Old Chip


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## BC WetCoast (Aug 8, 2008)

OLD CHIPMONK said:


> This case dated back to July of 2002 . At that time I was an ISA Certified Arborist . The client's neighbor cut & removed 3 trees which shaded her place of business ! I might add, she had not given her written or verbal consent. This act was committed while she was away , vacationing. I was sworn in today as an " Expert Witness " after a brief period of questioning by both attorney's & the Judge ! Originally this was to be a Jury Trial & at the last minute switched to a Bench Trial ( Judge only one hearing the case & rendering his decision ). During testimony we discussed CoR, RCM , CoC & agreed to use an Appraised Tree Value Worksheet, as approved by the Southern Chapter-ISA. Tempers flared & the Defendants Attorney, got a little hostile towards me," I love it ". After about 30 min. of testimony, there were no further questions; I was finished & excused. The Plaintiff's Attorney approached me, gave me his Business Card & said " send me a Bill for your time " ! Gentlemen " what is a fair market value for 3.5 hours of my time ( excluding 1 hour travel time ). I would appreciate your input or past expierience as " Expert Witness ". Thank You, Old Chip



Twice I have been subpeonaed (sp) to go to court as an expert witness, been prepped by the lawyer, and both times the parties reached an agreement at the last second. In my humble opinion, the plaintiff (I was working for the defense) decided that they couldn't fight my arborist report.

I charged $85/hr for prep time and was planning on $150/hr for court time. Trust me the lawyers aren't working for free, so why should I. Also I was going to have to put on a suit. There's a premium for that.

I take my guideance from the movie The Firm, where the young lawyer is told, "If you think about a client on the elevator, charge them an hour".


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## motoroilmccall (Aug 8, 2008)

I'm with him on that post ^^. I'm sure that lawyer has taken money from people plenty of times when they didn't deserve it. You actually deserve this money, so don't be cheap. Without you they wouldn't have won the case anyways.


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## BlueRidgeMark (Aug 8, 2008)

OLD CHIPMONK said:


> The Plaintiff's Attorney approached me, gave me his Business Card & said " send me a Bill for your time " ! Gentlemen " what is a fair market value for 3.5 hours of my time ( excluding 1 hour travel time ). I would appreciate your input or past expierience as " Expert Witness ".




Different field than treework, but I get $200 per hour for expert witness work, and $1200 per day to show up in court. No half day billing for court appearances. 30 minutes or 8 hours, it's $1200. Travel days are always billed as half days; $600. (If overnight stay is required.) Travel expenses are actual costs, of course, on top of my time.

An attorney advised my my prices are too low. However, most court appointed lawyers are capped at that (the court has to approve prices), I've found, as are prosecutors. (My stuff has all been criminal trials so far.)


How I wish I could stay busy with it!  

But it's nice side money. Bought my splitter with one case.  


You should have discussed this beforehand, obviously. But whatever you wind up doing, resist the urge to lowball yourself.


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## joesawer (Aug 10, 2008)

It seems to me that you have done some billable research before this went to court.


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## Frank Boyer (Aug 10, 2008)

I've done some expert witness work. $100 an hour for all contact, travel, and prep, including phone time. $150 for depositions and court.


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## OLD CHIPMONK (Aug 17, 2008)

Thanks for your reply's ! Went to Court, testified , as " Expert Witness " & then dismissed ! Sent the Attorney a bill for my time & remainder of a lost day ! I don't know what the Judge ( Bench-Trial ) decided ! I'll post again, after a desicion is rendered !


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## mastermind24 (Aug 30, 2008)

if i were the plaintiff i would be looking for replacement value, and if they were large caliper trees...18"+ that could be very expensive, imagine the cost of purchasing, excavating, moving, planting, and gauranteeing three 30" trees, id say 60-80 grand..

you said the trees shaded her place of business, they were on her property right? it wouldnt make sence that she could sue if the trees were on someone elses land and shaded her, just benefiting from the trees doesnt entitle her to a complaint if their owner cuts them...right?


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## BlueRidgeMark (Aug 30, 2008)

Frank Boyer said:


> I've done some expert witness work. $100 an hour for all contact, travel, and prep, including phone time. $150 for depositions and court.



+1

Expert witness work should always command way more than you would get for your regular work.


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## OLD CHIPMONK (Sep 3, 2008)

Congratulations !!!!! Our testimony gained " Our Lady " almost $ 18,000 for the indesciminate cutting of her 3 ;20-24 " shade trees !!!!! Her next step is taking the same cutters to Court for "Loss of Business ". Those trees provided shade for " her customers " . I will post when the results are known !!!


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## BlueRidgeMark (Sep 3, 2008)

Make sure the lawyer doesn't tell his friends what you charged. Offer him a deal to cut your price even further if he recommends you. He can't take money from you for referrals, though. Not allowed.

I'm telling you, you are way undercharging! Look how much you made him!


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## b1rdman (Sep 3, 2008)

OLD CHIPMONK said:


> This case dated back to July of 2002 . At that time I was an ISA Certified Arborist . The client's neighbor cut & removed 3 trees which shaded her place of business ! I might add, she had not given her written or verbal consent. This act was committed while she was away , vacationing. I was sworn in today as an " Expert Witness " after a brief period of questioning by both attorney's & the Judge ! Originally this was to be a Jury Trial & at the last minute switched to a Bench Trial ( Judge only one hearing the case & rendering his decision ). During testimony we discussed CoR, RCM , CoC & agreed to use an Appraised Tree Value Worksheet, as approved by the Southern Chapter-ISA. Tempers flared & the Defendants Attorney, got a little hostile towards me," I love it ". After about 30 min. of testimony, there were no further questions; I was finished & excused. The Plaintiff's Attorney approached me, gave me his Business Card & said " send me a Bill for your time " ! Gentlemen " what is a fair market value for 3.5 hours of my time ( excluding 1 hour travel time ). I would appreciate your input or past expierience as " Expert Witness ". Thank You, Old Chip




The property on which the trees resided is not clear. Was it the neighbor's property or the client's?


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## OLD CHIPMONK (Sep 6, 2008)

The client's property. Resturant with outdoor seating for 40 patrons. Shade was provided by the missing trees. Owner has been attempting to lease since 2005 . No takers without shade for outdoor seating. Owner currently awaiting trial date for " loss of revenue " cause & effect. Jury trial will commence in Oct. 08. I'll post verdict when available.


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