How would Albert EinsteinHow would Albert Einstein do as a Forensic Expert?

The Art of Effectively Communicating Complex Informationy g p

Overview

Effective Communication of Complex Forensic Data in Court

a. Challenges from two perspectives – Expert & Lawyer

b. Mastering the Art – Tips and Strategiesg p g

c. Our Personal

ExperiencesExperiences .......... ..................

.

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Einstein

Charlie Chaplin to Albert Einstein“Th h b th ll“They cheer me because they all

understand me, and they cheer you

because no one understands you.”

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Expert’s Challenges

1. Remember the adjudicator is typically not an expert, practitioner or scientist.

2. Present my complex, rock-solid analysis in a logical, simplified form for the adjudicator.

3. Identify faults in opposing expert’s reports and testimony and explain in a way the adjudicator can understand.

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Lawyer’s Challenges

1. Getting the message across effectivelyacross effectively.

2. Making the expert a “good witness”good witness .

3. Preparing the expert t b h ll dto be challenged.

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Strategies to Overcome Challenges

E t’ Ch ll #1Expert’s Challenge #1: Adjudicator typically is not an expert, practitioner or scientistscientist

Teach contaminant hydrogeology and forensics

6Basic Geology

Darcy’s Law, Drilling & Wells, Fate & Transport, etc.

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Groundwater Flow Maps

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Strategies to Overcome Challenges

Lawyer’s Challenge #1: Getting the message across in a simple and clear way

To be persuasive you need to be understood

Know your audience:y

Who are you trying to convince?

Be an educator

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Strategies to Overcome Challenges

Language

Use plain EnglishUse plain English

Provide adjudicator with a glossary

Speak clearly

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Strategies to Overcome Challenges

Keep the adjudicator engaged

Boredom = Enemy #1

Pay attention to the adjudicatorPay attention to the adjudicator

Make it interesting

Connect with the adjudicatorConnect with the adjudicator –

conversation style

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Strategies to Overcome Challenges

Expert’s Challenge #2: Present my complex, rock-solid analysis in a logical, simplified form for the adjudicator.

Explain concept of Conceptual p p pSite Model (CSM)

Explain use of multi-disciplinaryp p yapproach

Guide adjudicator through development of CSM

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Multi-disciplinary Approach

There is only one truth!You cannot wear blinders!Do all the puzzle pieces fit?

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Strategies to Overcome Challenges

Lawyer’s Challenge #2: Making the Expert a “Good Witness”

Understand the Big PictureKnow the caseKnow your roleUnderstand the process

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Lay of the land

In what venue will you be testifying?

Court? What will it look like?

Hearing room? Who will be there?

Other? Etiquette?

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Lay of the land: Courtroom

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Strategies to Overcome Challenges

Expert’s Challenge #3: Identify faults in opposing expert’s reports and testimony and explain in a way the adjudicator can understandexplain in a way the adjudicator can understand.

Do all the puzzle pieces in opponent’s reports/testimony fit?

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Strategies to Overcome Challenges

Lawyer’s Challenge #3: Preparing the expert to be challenged.Preparing the expert to be challenged.

Know your own weaknessesMock cross-examinationsMock cross examinations

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Communicating through powerful visual aids

Demonstrative EvidenceUse pictures, photographs, diagrams, mapsCreate an imprint in the mind of the decision-makerBlow up your “works of art”

PowerfulPowerful SimpleCreative

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“Life Size” Visual Aids

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Go big!

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Example – Problem First Noticed

Example – Initial Attempt at Finding Source

??

Example – Rule Out Potentials Sources

???

Example – Investigate Likely Source & Forensics

Example - Groundwater Flow & Other Information

Example - Compilation

Dress Rehearsal

Don’t forget to rehearse!!

Where are you going to situate it in court?

When are you goingto refer to it?to refer to it?

How are you going to present it?

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Concluding Remarks - Einstein

Albert Einstein“Y h t l th l f th“You have to learn the rules of the

game. And then you have to play

better than anyone else.”

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Thank youThank youNatalie MullinsMichael Sklash Natalie MullinsPartnerGowlingsTel: 416-862-3515

Michael SklashSenior HydrogeologistDragun CorporationTel: 416-800-2140 ext 120 Tel: 416-862-3515

natalie.mullins@gowlings.comTel: 416-800-2140 ext.120msklash@dragun.com

With assistance from:Julia VizzaccaroAssociate Tel: 416-862-4454julia.vizzaccaro@gowlings.com

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