Tuesday, February 24, 2015
UF-IFAS Palm Beach County Extension Office
559 North Military Trail
West Palm Beach, FL  33415

CEUs: 
CA: 6.25     BCMA: 6.25(M)    
FNGLA: 4     LIAF: 4
Landscape Architect: 6.25 (provider #0004488  course #009479)

What you will learn: 

* Tips for arborists relating to negligence
* What your legal duty is as an owner or employee of a tree care company
* Determining tree ownership and responsibility of care and maintenance
* Tips on improving your presentation techniques for greater effectiveness
* Tips and mistakes to avoid in the writing of basic contracts

AGENDA

8:00 - 8:30  Registration (continental breakfast available)

8:30 - 9:30   NIGHTMARE ON ELM STREET  Joe Samnik
The worst day of your life is about to happen. What started out as any other day ends in a wrongful death suit, and you are in the middle of it.  This presentation includes actual case histories involving wrongful death, personal injury and trees and how you can avoid being caught-up in the lawyer’s food chain.

9:30 - 10:30   WHOSE TREE IS IT?  Lori Ballard
Before you work on that tree, are you certain that it belongs to your client?  If a limb from a neighbor’s tree hangs over the property line, do you have a right to prune it?  Who owns the tree if half of it is on the neighbor’s property and half is on your client’s property?  Who is responsible for the cost of pruning if the tree belongs to your neighbor but endangers your client’s property?  Think before you cut!  This presentation will cover the most frequently asked questions as it relates to who owns the tree, and your duty of conduct.

10:30 -10:45    Break (with refreshments)

10:45-12:00    SIGN ON THE DOTTED LINE Douglas A. Orr, Esq.
Did you ever wonder, “Do I need a signed contract for that assignment?” Well in today’s litigious climate, the answer is probably “yes.”  It is easy to get caught in the lawyer’s web due to mistakes and contradictions in your contract documents.  By reviewing the basic components of contracts, attendees will strengthen their understanding of the importance of writing contracts to avoid legal consequences.

12:00 - 1:00    Lunch (provided)

1:00 - 2:00   AVOIDING THE LAWYERS FOOD CHAIN Juan Serrano, Esq.
The beginning of the end…the day you get sued.  You have to know what you don’t know about negligence and liability in order to have the best defense against a legal offense.  Useful tips for government and commercial arborists as it relates to negligence and your legal duty as an employee or owner will be presented.  Your conduct as an arborist will never be the same after this presentation.

2:00 - 3:00   MAKING YOUR OPINION STICK  Joe Samnik
Whether you are writing a report, presenting in front of a group, giving a bid, or testifying under oath, your opinion is useless unless people believe you and your opinion sticks.  This presentation will enable you to render an opinion that matters.  As arborists we all have in common our opinions and beliefs to our clients, co-workers, council representatives, and sometimes juries.  Making your opinion stick when it matters most will clearly separate you from the “also- ran” category of competitors, and promote your career. 

3:00-3:15    Break (with refreshments)

3:15 - 4:15   MAKING YOUR OPINION STICK  Joe Samnik
Continued

OUR SPEAKERS

LORI BALLARD is a partner in the practice of Samnik & Ballard Expert Tree Consultants, LLC. She is the Treasurer of the Florida Chapter, ISA Board of Directors and is the Chair of the Education Committee, Finance Committee and the Florida Chapter Species Rating Committee. Her expertise in the fields of neighbor law and eminent domain have been the architect in the settlement of million dollar and multi-million dollar business damage claims providing evidence of deception and error that lead to settlements and verdicts in federal and eminent domain courts of law. Lori was a presenter at last year’s Florida American Society of Landscape Architects Annual conference and spoke on the subject of eminent domain plant and tree appraisals. She also spoke at Trees Florida on the subject of tree appraisals. Lori is a certified arborist, FNGLA Certified Horticulture Professional and has the ISA Tree Risk Assessment Qualification. She received her bachelor’s degree from the University of South Florida.

STAN CHAPMAN, Esq. is a Director of the Litigation Practice Group of Miami-based Equels Law Firm, practicing in its Tallahassee office.  He focuses his practice on eminent domain, personal injury, wrongful death, but also handles other civil and administrative trial practice and appeals. He has represented businesses and other private sector clients in governmental takings cases and business torts and injury cases for more than 27 years.  Stan received his Juris Doctor, with honors, from FSU's College of Law in 1987, where he served as FSU Law Review's Research Editor, and he received a Bachelor of Science from FSU's School of Visual Arts in 1983.  Over the last seven years, he has lectured on Florida tree liability law at ISA Certification Seminars and written several articles on the topic of tree liability and property rights associated with trees.  He also appeared in television programming on these subjects both on legal call-in and documentary shows on local Tallahassee CBS and PBS affiliate channels.

RYAN JONES, Esq. is a partner in the Florida office of Traub, Lieberman, Straus & Shrewsberry.  His practice focuses on insurance defense, including first party property claims, third party liability claims, and coverage actions.  Ryan has been involved in all aspects of cases from claims handling up to trial and appeal, but he especially enjoys litigation strategy.  Ryan’s litigation strategies have obtained summary judgment or judgment on the pleadings in a number of cases, including hurricane cases, fire losses, sinkhole cases, and water damage cases.  Ryan also has particular expertise in sinkhole litigation, and was named a Florida Super Lawyer “Rising Star” in 2012 through 2014.  Prior to joining the firm, Ryan worked for Shook Hardy & Bacon in the firm’s national products liability group.  There he served as the lead associate in a three week smoking and health case where the trial team obtained a defense verdict.  He also secured removal and multidistrict litigation treatment of Florida cases for a nationwide products liability action. While in law school, Ryan was a member of the Stetson Law Review and Moot Court Board, where his team won first place at an international moot court competition.  Ryan often returns to Stetson to assist other moot court teams and has guest lectured on advocacy.

JOE SAMNIK  is entering his 47th year as a consulting arborist. He is a partner in the practice of Samnik & Ballard Expert Tree Consultants, LLC whose practice is limited to arboreal consulting and expert witness testimony. Joe has been named as an expert witness in more than 700 legal cases and testified in over 30 trials. He has been accepted as an expert in federal, criminal, civil, eminent domain, and small claims courts.   He is the founding president of the Florida Chapter, ISA and past president of the Association of Eminent Domain Professionals. His online courses through his business, Distance Learn Pro, are credited through the Department of Business and Professional Regulation for continuing education for landscape architects.  Joe is the recipient of the Edward Bok Award for lifetime excellence in the field of arboriculture and the 2013 President’s Award.

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