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<br />co <br />~..... <br />v:) <br />';(-f <br />\,,) <br /> <br />court? Or is he caught up in his role of advocacy <br />of the client? <br /> <br />-~_..; <br /> <br />8. <br /> <br />Cross-Examination - The role of the expert in <br />cross-examination is perhaps overrated. While it is <br />a wonderful opportunity for the expert to spar with <br />the cross-examining attorney, there is not likely to <br />be much gained from such interchanges. The impor- <br />tant thing is for the expert to carefully and <br />honestly stay within the area of his knowledge. "r <br />don't know" can be a perfectly satisfactory answer. <br /> <br />B. Tne Lawyer - The View from the Expert <br /> <br />In complex technical cases, more so than in usual court <br />cases, the lawyer assumes less of the traditional legal <br />advocate role and becomes the manager of a team of <br />professionals of varying disciplines. Certainly he must <br />have the legal theories well in hand, but, if the complex <br />technical issues are not woven carefully into tqe legal <br />fabric of the case and, more importantly, developed <br />before the Court in a clear and rational manner, the <br />outcome is likely to be one not sought. ' <br /> <br />A few of the more important roles the lawyer must play <br />are: <br /> <br />1. The Organizer: Any case of such complexity as the <br />San Luis Valley case will have an inordinate number <br />of factual issues as well as legal issues. The <br />lawyer will be inundated by his expert with such <br />detail, that absent a clear plan of what is to be <br />presented and how, the case is doomed to failure. <br />The lawyer must meet at the earliest possible time <br />with his experts, not only to gain at least a <br />rudimentary understanding of the technical issues, <br />but to convey a basic understanding to the expert of <br />the legal theories of the case. Once this basic <br />understanding and exchange is achieved, the lawyer <br />must organize the presentation so that it is best <br />presented to the Court. <br /> <br />2. The Strategist: Perhaps as much time should be <br />spent in analyzing the opposition's case and <br />expected presentations as is spent in understanding <br />his own. The lawyer must evaluate the opposing <br />counsel and his weak and strong points and, with the <br />help of his own expert, analyze the likely attack to <br />be taken by the opposing expert to develop a <br />strategy of presentation and a plan for countering <br />the opposition at the appropriate moment. <br /> <br />3. The Team Player: The lawyer must realize that <br />complex technical caSes are rarely won on one <br /> <br />-5- <br />