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There is an aura of "peer acceptability" that surrounds published work which <br />does not attach to unpublished research. If at all possible, the extra time <br />and effort should be made to publish your work, preferably not just in an <br />agency circular. Although probably unjustified, the greater weight given by <br />lawyers and judges to glossy-paper finished reports will no doubt continue. <br />WHAT TO EXPECT IN CROSS-EXAMINATION <br />When scientists think of trials or adminstrative proceedings in which <br />they are to appear, they may not think of the purpose of the hearing, or even <br />the purpose of their testimony. They may not think of the novel scientific and <br />legal issues involved. Often, their main concern is how bad cross-examination <br />will be. To some scientists cross-examination is a forceful wrenching from the <br />world of the reasonable and polite to the world in which word games prevail <br />over accepted fact. In some trials, unfortunately, this has been true, but a <br />witness can control the cross-examination to a remarkable extent by being <br />adequately prepared. Most of this preparation should be directed by his <br />lawyer, but there are some general points which apply to most situations. The <br />following guidelines have been used in preparing witnesses for the EPA head- <br />quarters hearings on pesticides and Section 307(a) of the FWPCA: <br />1. You have no obligation to answer a question which you do not feel <br />qualified to answer. You are not a defendant in a criminal trial required <br />to answer. An "I am not qualified to answer that" or "I do not have <br />enough facts to answer that" is perfectly acceptable. <br />2. Do not be lured into areas beyond your field. <br />3. Ask for clarification of a question if you have any doubt what is <br />being asked. <br />4. When a hypothetical question is posed, make certain all elements of <br />the hypothesis you need to be able to answer are included clearly in the <br />question. <br />5. Take your time in responding to questions. <br />6. Do not elaborate beyond what is necessary to give a complete answer <br />--on the other hand, do not allow yourself to fall into the trap of <br />giving an "out of context" answer--an answer which, in and of itself, is <br />true but which has a misleading implication if further comment is not <br />given. If you cannot answer with a "yes" or "no," make it plain you need <br />to qualify your answer. <br />7. You may be asked to comment on works of other scientists you do not <br />know or have not read recently--e. g., "I show you this list of instream <br />flow figures from Iowa--aren't they awfully high?" You probably need to <br />know how the research was conducted, the details of the methods, and much <br />more before you can comment accurately. <br />14