A Professional Geologist's View on the Business of Expert Testimony

ROSE, P. R., Consultant, Austin, TX

Expert testimony can be educational, fascinating, and fulfilling, and such work can take a useful secondary role within a diversified professional practice. The expert geologist has three responsibilities: (1) to assist client and attorney with conscientious guidance in analyzing and planning the case to the client's optimum advantage; (2) to act in the courtroom as an objective, reliable servant--often a teacher--of the court; (3) to conduct himself/herself in the highest professional and scientific traditions. I believe that responsible expert testimony requires the most rigorous application of the scientific method of any professional activity.

Professional standards, documented experience, and applicable knowledge aside, not every geologist should seek such work because some special personal attributes are required. Traits especially important for continuing involvement as an expert witness include imagination, ability to communicate and cooperate, personal discipline and composure, and a certain capacity to be both objective and tough-minded, without being combative.

If the competent expert witness is to perform properly, three requirements must be met: (1) the witness must limit testimony to his/her fields of expertise; (2) adequate time must be allowed for investigation and preparation; (3) the client's attorney must be available and willing to interact during preparation of the case.

Expert testimony requires both hard work and personal poise, but it can be professionally satisfying as well as lucrative. Certainly it is stressful. After all, each time the competent expert takes the stand, his/her reputation is on the line, and the expert is practicing professionalism and the scientific method at the highest possible level.

AAPG Search and Discovery Article #91004 © 1991 AAPG Annual Convention Dallas, Texas, April 7-10, 1991 (2009)