Index of General Law

Blog Index

Feb. 6, 2014 7:58 pm
Landscape contractors are held to a higher standard of care for landscape construction projects. Savvy landscape contractors who utilize construction project management avoid common pitfalls that often result in legal action. In landscape construction, there is a significant diversity in project aesthetics, quality and success. Unfortunately, a C-27 California landscape contractor license is no...  Read More
Apr. 22, 2013 4:11 pm
One thing that really upsets me is watching untrained companies and individuals as they attempt to prune a tree. Yes, the big truck with lift arm and chipper machine in tow might leave you with the impression that is one professional company, until you see the result of their work. Have you recently had a poor experience with a tree service? Are a looking for a reputable tree service...  Read More
Dec. 19, 2012 3:06 pm
The City of San Diego was found guilty in a lawsuit brought by an attorney, Mr. Michael Burke. Mr. Burke was injured when a 60' Queen Palm feel on top of his car, crushing Mr. Burke's legs, leaving him a paraplegic. Mr. Burke claimed the cutbacks in the City of San Diego trimming and inspection services contributed to leaving a dangerous tree in place that should have been removed. The City of...  Read More
Aug. 19, 2012 10:08 am
Eric Randolph's article " Al Qaeda: When Any Attack Will Do ," (The Agenda, March 23, 2010) implicitly raises the question about differences between police and military action. This is an important distinction to draw, but is rarely dealt with in discussions about the wars in Afghanistan or Iraq. Most importantly, Randolph points out that much of the American response in Afghanistan (and...  Read More
Nov. 29, 2011 1:01 pm
Using clues that will be supplied by the ABA, be one of the first 5 to correctly guess who the ABA TECHSHOW 2012 keynote speaker is and be entered into a drawing for a discount on registration. A new clue will be posted daily until the first five correct guesses are made. Full details and the first clue at the TECHSHOW Homepage .The 2012 Keynote is a bigger name than any other previous TECHSHOW...  Read More
Mar. 29, 2011 5:19 pm
Consider A Strategic Planning Premortem You are at the stage of having worked with the members of your Strategic Planning Committee (SPC) for a number of months to finally come to the point where you have a draft strategic plan that has been approved by the partners and now needs some attention directed toward how certain components will actually be implemented. There are a number of actions...  Read More
Mar. 24, 2011 3:28 pm
Its a sunny day, you are taking a walk across a planter area and trip over a sprinkler head sticking up out of the ground. No big deal unless you happen to trip and fall, possibly injuring yourself. Maybe you were driving and noticed a geyser of water shooting out of a broken irrigation main, flooding the street or adjacent property. Most people don't think twice about sprinkler systems in...  Read More
Dec. 22, 2010 3:49 pm
I happened to have had lunch with a new marketing professional recently. I spent some time briefing her on the strategic project that I was doing with her firm. During our discussions she asked if I might have any advice for her, given that I’ve spent three decades working with law firms and this was her first foray into professional services. Now, I’ve heard from a number of business...  Read More
Dec. 22, 2010 3:46 pm
I was reading a piece the other day wherein the author lamented that lawyers have a lack of interest in change. While I won’t take issue with the validity of that statement, I do find it fascinating how we continue to subscribe to a model for leading change that simply doesn’t work. What model? Well it goes something like this . . . We begin by (unconsciously) trying to overwhelm our partners...  Read More
Dec. 22, 2010 3:44 pm
I’m currently collaborating with a colleague who is doing a lengthy research project attempting to identify the characteristics, traits and behaviors of the most effective law firm managing partners. In our most recent discussions he posed this question: “In firms you've observed where the managing partner isn't doing well or leadership is weak or dysfunctional, what one or two things do you find...  Read More
Dec. 22, 2010 3:43 pm
Does your firm have a new leader about to take office? How is that individual going to prepare themselves for the (often, unexpected) challenges that lay ahead? From my work, I can confirm that most every new firm leader transitions through four very predictable phases early in their tenure . . . - from ‘Anticipation’ (the peak of inflated expectations) “I guess my partners really do think...  Read More
Sep. 9, 2010 5:44 pm
Listen more than you talk. Use your words sparingly. Leading doesn’t mean that you are required to talk more than anyone else. In fact, it is quite the opposite. Carefully relect upon what you want to convey before you talk. Choose your words deliberately. A well-turned question is often more effective to get people thinking than a dozen statements. Manage your questions to comments...  Read More
Jul. 27, 2010 7:57 pm
As a landscape, horticulture, arboriculture, site construction and development forensic expert witness, I receive calls from attorneys and paralegals representing defendant and plaintiff cases. While some experts specialize for defendant or plaintiff cases only, I do not make a distinction because my expert opinions are impartial, rooted in industry knowledge, experience, and expertise. ...  Read More
Jul. 27, 2010 7:02 pm
When I first decided to become a landscape, horticulture, arboriculture, site construction and development forensic expert witness, a business associate asked me which side I worked for, the defendant or plaintiff. Since I was new to the industry, I was somewhat taken aback at his remark. In my mind, I did not have a pre-determined preference on representing one side or the other. With some...  Read More
Jul. 27, 2010 1:40 pm
Most people delete Outlook email messages by clicking on the Delete command or using the Delete key on their keyboard. However, this doesn't permanently delete the message; rather, it sends it to the Outlook Deleted items folder. And there it sits in most cases, waiting to be permanently deleted when the user finally gets round to using the Empty Deleted Items command (from the right click...  Read More
Jun. 18, 2010 1:57 am
Laker fans rejoice!!!!!!!  Read More
Jun. 9, 2010 7:38 pm
As a landscape expert witness, I review discovery materials and provide impartial expert opinions on a wide variety of landscape, horticulture, arboriculture and site construction issues. A common discovery item in many cases concerns whether work performed by a landscape contractor was contract or extra work. In most cases, the contractor had failed to obtain a construction change order, which...  Read More
May 26, 2010 11:28 pm
Anyone who has ever strolled through the hills or canyons of Southern California has undoubtable seen the magnificent Coast Live Oak, (Quercus agrifolia). Known for it's wonderful, spreading arching limbs that resemble trees from Lord of the Rings, the Coast Live Oak, as well as the Canyon and Black Oak are under attack by the gold spotted oak borer beetle. This voracious insect which has...  Read More
May 21, 2010 6:05 pm
What can go wrong at a landscape construction job? A broken irrigation mainline floods a construction site, leading to a lawsuit. Tree roots grow through an improperly installed root barrier, lifting a portion of adjacent sidewalk, resulting in an injury and lawsuit. Shrubs in a median strip supposedly obstruct the vision of a driver making a left turn, resulting in a vehicular fatality. A...  Read More
Apr. 28, 2010 2:26 pm
I had the fantastic opportunity to go the 54th annual Art + Architecture Tour sponsored by the LACMA. A great event, with a little bit of something for everybody! From a French Baroque mansion, (not quite my taste) to modern including a combo Frank Lloyd Wright horizontal lower floor and an Arts and Craft style second floor! Perhaps I'm a bit biased, but my client's French Country estate...  Read More
Apr. 28, 2010 1:59 pm
Wow, what a difference between consulting for a Plaintiff versus a defendant. Learned a valuable lesson, every attorney is different when it comes to hiring an impartial expert. As a landscape, horticulture, arboriculture expert, I discovered in plaintiff cases, the attorney is looking for an expert to find flaws, defects, quantify costs etc. However, defendant attorneys are very much...  Read More
Apr. 22, 2010 9:30 pm
It was a bleak day in February of 2008 when the President of our division at K. Hovnanian Homes gathered all 250 of us into the conference room to announce the Southern California Regional office was closing. Can't say I was surprised, in fact, having been in the land development, home building and construction industry for approaching three decades we experienced a milder home building...  Read More
Apr. 21, 2010 8:44 pm
Jeremy Rappoport, founder and President of Rappoport Development Consulting Services LLC, provided the landscape design and horticultural research for the client of a 1.5 acre estate in Beverly Hills, California that will be included in this years 54th annual Art + Architecture Tour sponsored by the Los Angeles County Museum of Art (LACMA). The tour will be Sunday, April 25, 2010 from 10 a.m. to...  Read More
Feb. 26, 2010 4:42 pm
Companies offering landscape expert witness services present clients typically from the insurance, real estate and legal industries with expert advisement, opinions and testimony. As required by these clients, this advisement may be based on site investigation and legal document review. Rappoport Development Consulting Services (RDCS) is well-placed to provide clients with expert witness...  Read More
Feb. 17, 2010 4:47 pm
For those who are looking for recommendations on tree-related issues involving structural defects, declining tree health and appearance, hazard and risk assessment, they must seek the expertise of an arboriculture expert witness and consultant. The services of such can help one detect tree decline and failure symptoms. Before performing any type of construction that involves grade change, soil...  Read More
Feb. 4, 2010 4:38 pm
As an expert arborist, recently, I was contacted with a request to provide a forensic tree hazard evaluation of a massive Eucalyptus tree that had fallen on a home in the Scripps Ranch area of San Diego. The tree, a 125’ Eucalyptus camaldulensis weighing more then 23,000 lbs, crashed through the roof of the house, causing major property damage, fortunately no one was injured. Scripps Ranch is...  Read More
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