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8. Do not respond to a challenge by boasting. <br />9. Do not try to render categorical decisions ("all pesticides are bad" <br />or "corporations mislead the public"). <br />10. You may be confronted with statements made by you at an earlier date <br />which are too broad. If those statements were your personal opinions and <br />not your professional scientific opinion, you should say so. Scientists <br />are allowed personal opinions but are allowed to testify in court in <br />opinion and conclusion form only as to matters within their scientific <br />realm, upon which a layman would be unqualified. <br />11. Do not get angry at the interrogator if he becomes arrogant or <br />insulting. This invariably is because he does not have any way to crack <br />your testimony scientifically and is trying to rattle you. Allow your <br />1 awyer to attempt to put him in his place. <br />12. The good lawyer will not ask a question on an opposing party's <br />witness's strongest ground. Do not feel upset if you are not challenged <br />on work you want to discuss. <br />13. Do not be drawn into an argument with opposing counsel. He is not <br />being called to testify. <br />14. It may be possible to obtain a recess from the proceedings. However, <br />a request of this nature should not be used as an excuse to avoid <br />difficult questions--your counsel will ask for a recess if he sees you <br />need a chance to collect your thoughts. Only for necessity will the court <br />interrupt a cross-examination. <br />15. Most important, remember you know more about what you are talking <br />about than anyone else in the courtroom. Your "home ground" is your <br />data--do not stray too far from it. <br />There have been notable examples in each major administrative hearing <br />held by EPA or court trial in which EPA was a party, of witnesses who have <br />fallen into one or more of the traps mentioned above. <br />The ideal expert witness has facetiously been characterized by some as a <br />white haired gentleman with a pipe and elbow-patched tweed sport coat who <br />understates most answers he gives and never changes his mood of academic <br />detachment. This picture is not altogether misleading, for the best witnesses <br />seem to be those who are never caught exaggerating, never lower themselves to <br />the rancor of the hearing room, and never deviate from their area of <br />expertise. Judge E. Barrett Prettyman (Rogers 1974:15) gives this advice to <br />experts: <br />Don't argue. Don't fence. Don't guess. Don't make <br />wisecracks. Don't take sides. Don't get irritated. <br />Think first, then speak. If you do know the answer <br />to a question, say so. If you do not know the <br />answer but have an opinion or belief on the subject <br />based on information, say exactly that and let the <br />hearing officer decide whether you shall or shall <br />15