THE INTERNATIONAL NETWORK OF ENVIRONMENTAL FORENSICS
30
How would Albert Einstein How would Albert Einstein do as a Forensic Expert? The Art of Effectively Communicating Complex Information
-
Upload
alan917 -
Category
Environment
-
view
297 -
download
0
Transcript of THE INTERNATIONAL NETWORK OF ENVIRONMENTAL FORENSICS
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 .......... ..................
.
2
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.”
3
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.
4
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.
5
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.
7
Groundwater Flow Maps
8
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
9
Strategies to Overcome Challenges
Language
Use plain EnglishUse plain English
Provide adjudicator with a glossary
Speak clearly
10
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
11
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
12
Multi-disciplinary Approach
There is only one truth!You cannot wear blinders!Do all the puzzle pieces fit?
13
Strategies to Overcome Challenges
Lawyer’s Challenge #2: Making the Expert a “Good Witness”
Understand the Big PictureKnow the caseKnow your roleUnderstand the process
14
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?
15
Lay of the land: Courtroom
16
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?
17
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
18
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
19
“Life Size” Visual Aids
20
Go big!
21
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?
28
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.”
29
Thank youThank youNatalie MullinsMichael Sklash Natalie MullinsPartnerGowlingsTel: 416-862-3515
Michael SklashSenior HydrogeologistDragun CorporationTel: 416-800-2140 ext 120 Tel: 416-862-3515
[email protected]: 416-800-2140 [email protected]
With assistance from:Julia VizzaccaroAssociate Tel: [email protected]
30
