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Last modified
7/14/2009 5:02:30 PM
Creation date
5/20/2009 11:01:39 AM
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UCREFRP
UCREFRP Catalog Number
7623
Author
Lamb, B. L. and D. A. Sweetman.
Title
Guidelines for Preparing Expert Testimony in Water Management Decisions Related to Instream Flow Issues.
USFW Year
1979.
USFW - Doc Type
Instream Flow Information Paper No. 1, Revised,
Copyright Material
NO
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Preference is to also have several witnesses who can <br />present the kind of evidence that appeals to "every <br />man" -- the color, touch and smell of bunker C crude oil <br />as it covers a particular shoreline ... There are still <br />advantages to having "the old timer" who can give <br />historical background of a locality and remembers how this <br />particular stream appeared before the advent of a <br />particular project which has been the subject of litiga- <br />tion. <br />The subject of damages is worth special mention. To the <br />private practitioner it is often the source of his fee. To <br />the plaintiff seeking an injunction it is the irreparable <br />injury that money cannot measure or compensate. In the <br />federal courts some . . . detect a trend toward requiring <br />a plaintiff to actually prove an "injury in fact" as a <br />condition to even opening the federal courthouse door. <br />Occasionally you will find a lawyer who would like to <br />"look at the ground." Take him there. Take a day or two if <br />need be. Have your field people and experts along if <br />possible. Take lots of pictures. It is often on such trips <br />while walking around some dry stream bed that the short- <br />comings of your data, and that of your adversary, come to <br />light. These trips provide a lawyer with the details of <br />local history and geography that enable him to later sound <br />i n court 1 i ke he may know what he's tal ki ng about. <br />There is something more important trial lawyers can do for <br />you. They can help present your best judgments as pro- <br />fessional resource managers -- quietly, effectively, and <br />free of political slogans and overblown cliches. This will <br />become more important to you personally and your agents <br />generally as our society asks for action from our resource <br />managers, which requires a higher order of planning and <br />projection than we know. Perhaps it is true that to retain <br />our hopes, while recognizing our limits, requires a touch <br />of greatness. The views, the judgments that you hold were <br />not quite your father's nor will they be your children's. <br />They may indeed turn wrong, but if today they are the very <br />best amoung our work and hopes, then the lawyer can help <br />you say them, and say them we] 1. <br />Collins's discussion (1976) is presented in a light-hearted manner, but <br />it illuminates a very important point. It cannot be stressed enough that, <br />assuming the expert and the attorney are each reasonably competent, the <br />attitude of each is of paramount importance. Each should display qualities of <br />willingness and cooperation. The witness should be willing to appreciate the <br />6
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