Expert Witnesses in Arboriculture: A Deeper Dive

An arborist expert witness is a professional who has specialized knowledge and experience in the field of arboriculture. These experts are often called upon to testify, consult, and provide litigation support on issues related to trees, such as tree health, tree risk assessment, tree valuation, and tree care standards, property damage, property disputes, and public policy.

A Consulting Arborist’s Role in Litigation

In a court case, an expert witness can provide valuable insights based on their specialized knowledge and experience. In the case of a Consulting Arborist acting as an Expert Witness, the role is to help the court understand the technical aspects of a case where trees are involved. For instance, in a property dispute involving a tree, an arborist expert witness could provide an assessment of the tree’s health and value, risk level present, give an idea of why a tree caused problem, and help make recommendations for future care or removal options.

Tree Expert Qualifications

To qualify as an expert witness, an individual must have knowledge, skill, experience, training, and an extensive education in their field. This means that a qualified arborist expert witness would have a deeper understanding of trees and their care than most of their industry. For example, a Board Certified Master Arborist (BCMA), such as myself (#TX-3737B), represents the highest level of certification offered by the International Society of Arboriculture (ISA). This certification requires extensive experience and knowledge in all aspects of arboriculture.

The American Society of Consulting Arborists (ASCA) is an organization that creates and maintains the standards for official reporting and consulting work withing the field of Arboriculture. It would be wise to look for a Member of ASCA, as the requirements for membership are extensive, and weed out tree care professionals who are unqualified.

ASCA Has a qualification known as “Registered Consulting Arborist,” or RCA. There are currently only around 350 Registered Consulting Arborists globally, so if you can find an RCA, you’re all but guaranteed to be working with one of the top professionals in the world.

Tree Forensic Work and Arborist Reports

In addition to providing testimony, a consulting arborist / expert witness may also be involved in forensic work. This can include conducting detailed examinations of trees, collecting, and analyzing evidence, and preparing official arborist reports. These reports are crucial in supporting a case as they provide a thorough and objective analysis of the tree-related issues at hand. They can cover a wide range of topics, from tree health assessments to evaluations of tree care practices.

Professional Tree Care Associations Associations

Arborist expert witnesses often hold memberships in professional organizations such as the American Society of Consulting Arborists (ASCA) and the International Society of Arboriculture (ISA). These organizations provide resources, training, and a community for professionals in the field. They also uphold standards of practice and ethics for their members.

Challenges To Hiring an Expert Witness / Consulting Arborist

One of the challenges in using expert witnesses is ensuring their availability for trial. Different rules apply when the opposing party’s expert lies outside the trial court’s subpoena power and therefore cannot be compelled to testify live at trial. In such cases, courts have split on whether the expert’s deposition may be played at trial in lieu of live witness testimony.

In conclusion, arborist expert witnesses, particularly those who are Certified Arborists or Board Certified Master Arborists, play a crucial role in litigation involving trees. Their specialized knowledge, experience, and the ability to provide detailed arborist reports make them invaluable assets in such cases. Whether they are acting as a consulting arborist or a tree expert, their contributions help the court make informed decisions.

Hope that helps, but if I didn’t answer all of your questions, or you need a top-notch Consulting Arborist to act as your expert witness in litigation / tree disputes, please feel free to reach out to me personally at the contact information below:

 

My Best,

 

Matt Latham – 409.995.7940
Board Certified Master Arborist #TX-3737B
Member – American Society of Consulting Arborists
mattlathambcma@gmail.com
www.arboristondemand.org