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Jeremy Rappoport
Jeremy Rappoport
Jeremy Rappoport, President of Rappoport Development Consulting Services LLC, provides arborist, landscape, horticulture and land development expert witness consulting services and commercial consulting and sub-consultant to landscape architects, civil engineers and environmental consultants.
 
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An Expert for Which, Defendant or Plaintiff Cases? Impartiality Is the Key

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 time and experience under my belt, including working for both defendant and plaintiff cases, my conclusion is still the same, I do not have a preference because I use impartiality and standard of care to determine which client to represent. Yes, defendant cases typically are backed by insurance companies paying the bill, so from that perspective, the defendant side has deeper pockets, but that does not influence my decision to represent a defendant or plaintiff. While a plaintiff might be financially constricted, I have had no problems with getting paid for professional expert witness services.

I solicit forensic expert witness consulting services from defendant or plaintiff clients and screen potential clients for satisfaction or failure to provide the proper standard of care. I publish a monthly article which is posted on my website. The following is a clip from the article:

"When I began offering landscape, horticulture, arboriculture and site development forensic expert witness consulting services throughout California, a business associate asked which "side" I worked for, the defendant or plaintiff. He did not want to refer the incorrect potential client to me. My answer to him then remains the same now, it does not matter whether a defendant or plaintiff client, I provide impartial expert opinions based on discovery, due diligence and the technical knowledge and experience I bring to the case.

Of course, impartial cuts both ways, and if discovery information leads me to an impartial opinion not in the best interest of my client, my professional integrity requires I inform the client why my opinion does NOT support their position. Fortunately, that difficult situation has not occurred; one of the reasons is careful screening of incoming requests by attorneys and paralegals."

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