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potential witness's memory, a well kept field notebook can be utilized to <br />verify conditions, techniques, and observations which are often critical to <br />conclusions of fact. Conversely, failure to keep a field notebook or compiling <br />one in a poor manner can render a field observation almost worthless from a <br />legal standpoint. Information relevant to a field observation, such as <br />location and date, is necessary to preserve the chain of custody. Without an <br />adequate record of such material, the value of a field observation is greatly <br />diminished or destroyed. <br />RESEARCH TECHNIQUES <br />Volumes have been written on proper techniques, so there will be no <br />attempt here to indicate in even a general way what procedures should be <br />followed in examining a particular stream. The purpose of this section is more <br />to emphasize that role proper (or, arguably, improper) sampling technique <br />plays in a case. If a lawyer determines that an expert witness can do harm to <br />his client's case, and that the substance of what the witness has to say is <br />probably correct, or at least difficult to attack, then he may attempt to cast <br />doubt upon the analytical methods employed by that scientist. It is imperative <br />that accepted techniques be followed to the letter and that if the methods are <br />not presented in depth in the research paper itself, at least detailed records <br />are kept so that questions directed at those methods can be answered. For <br />example, care should be taken to assure the transects or photographs are <br />representative and not anomalous, and that this can be shown by the testimony. <br />The increasing amount of environmental litigation has generated a lawyer- <br />specialist who (a) knows where to find consultants and (b) knows how to use <br />their expertise in ways which can seriously discredit researchers who are not <br />careful. Such care should be standard in all research, but special care should <br />be placed on understanding the concepts which underlie the research design. <br />The statistical significance of test results is often taken for granted, <br />yet several witnesses who have appeard in recent EPA hearings have had their <br />published work seriously questioned by skillful use of desk calculators and <br />accepted statistical analyses. Reference to statistical tests is now common in <br />lengthy proceedings. <br />What follows is an excerpt from part of the Aldrin/Dieldrin pesticide <br />proceeding (Rogers 1974:11-12). In this case the witness was not totally <br />trapped by improper methods; it is a more typical case in which a "question" <br />is raised in the mind of the trier of fact: <br />Q. First of all, I would like to discuss the <br />methodology that you employed in this particular <br />experiment. In particular, I would like to discuss <br />the reliability and the weight which you give to <br />the levels of dieldrin and aldrin that you found I <br />would like to focus on the methodology. <br />In particular I want to ask you, Dr. , <br />whether in the techniques that you employed for <br />analyzing the presence of aldrin and/or dieldrin, <br />you used any separation techniques, or so-called <br />12