This document discusses how Albert Einstein may fare as a forensic expert and provides strategies for effectively communicating complex forensic information in court. It outlines challenges experts and lawyers face, such as presenting complex analysis simply and identifying faults in opposing testimony. Strategies include teaching basic concepts, using plain English, engaging the adjudicator, and developing a conceptual site model. The document emphasizes using visual aids like diagrams and maps to create a clear impression. It also stresses preparing for cross-examination through mock sessions. Overall, the key is distilling technical information clearly without oversimplifying, while addressing all relevant evidence.

1. How would Albert EinsteinHow would Albert Einstein
do as a Forensic Expert?
The Art of Effectively Communicating Complex Informationy g p

2. Overview
Effective Communication of Complex Forensic
Data in Court
a. Challenges from two perspectives – Expert & Lawyer
b. Mastering the Art – Tips and Strategiesg p g
c. Our Personal
ExperiencesExperiences
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3. Einstein
Charlie Chaplin to Albert Einstein
“Th h b th ll“They cheer me because they all
understand me, and they cheer you
because no one understands you.”
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4. Expert’s Challenges
1. Remember the adjudicator is typically not an expert,
practitioner or scientist.
2. Present my complex, rock-solid analysis in a logical,
simplified form for the adjudicator.
3. Identify faults in opposing expert’s reports and
testimony and explain in a way the adjudicator can
understand.
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5. Lawyer’s Challenges
1. Getting the message
across effectivelyacross effectively.
2. Making the expert a
“good witness”good witness .
3. Preparing the expert
t b h ll dto be challenged.
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6. Strategies to Overcome Challenges
E t’ Ch ll #1Expert’s Challenge #1:
Adjudicator typically is not an expert, practitioner or
scientistscientist
Teach contaminant hydrogeology and forensics
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Basic Geology

7. Darcy’s Law, Drilling & Wells, Fate & Transport, etc.
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8. Groundwater Flow Maps
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9. Strategies to Overcome Challenges
Lawyer’s Challenge #1:
Getting the message across in a simple and clear way
To be persuasive you need to be understood
Know your audience:y
Who are you trying to convince?
Be an educator
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10. Strategies to Overcome Challenges
Language
Use plain EnglishUse plain English
Provide adjudicator with a glossary
Speak clearly
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11. Strategies to Overcome Challenges
Keep the adjudicator engaged
Boredom = Enemy #1
Pay attention to the adjudicatorPay attention to the adjudicator
Make it interesting
Connect with the adjudicatorConnect with the adjudicator –
conversation style
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12. Strategies to Overcome Challenges
Expert’s Challenge #2:
Present my complex, rock-solid analysis in a logical,
simplified form for the adjudicator.
Explain concept of Conceptualp p p
Site Model (CSM)
Explain use of multi-disciplinaryp p y
approach
Guide adjudicator through
development of CSM
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13. Multi-disciplinary Approach
There is only one truth!
You cannot wear blinders!
Do all the puzzle pieces fit?
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14. Strategies to Overcome Challenges
Lawyer’s Challenge #2:
Making the Expert a “Good Witness”
Understand the Big Picture
Know the case
Know your role
Understand the process
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15. Lay of the land
In what venue will you be testifying?
Court? What will it look like?
Hearing room? Who will be there?
Other? Etiquette?
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16. Lay of the land: Courtroom
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17. Strategies to Overcome Challenges
Expert’s Challenge #3:
Identify faults in opposing expert’s reports and testimony and
explain in a way the adjudicator can understandexplain in a way the adjudicator can understand.
Do all the puzzle pieces in opponent’s reports/testimony fit?
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18. Strategies to Overcome Challenges
Lawyer’s Challenge #3:
Preparing the expert to be challenged.Preparing the expert to be challenged.
Know your own weaknesses
Mock cross-examinationsMock cross examinations
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19. Communicating through powerful visual aids
Demonstrative Evidence
Use pictures, photographs,
diagrams, maps
Create an imprint in the
mind of the decision-maker
Blow up your “works of art”
PowerfulPowerful
Simple
Creative
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20. “Life Size” Visual Aids
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21. Go big!
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22. Example – Problem First Noticed

23. Example – Initial Attempt at Finding Source
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24. Example – Rule Out Potentials Sources
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25. Example – Investigate Likely Source & Forensics

26. Example - Groundwater Flow & Other Information

27. Example - Compilation

28. Dress Rehearsal
Don’t forget to rehearse!!
Where are you going
to situate it in court?
When are you going
to refer to it?to refer to it?
How are you going
to present it?
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29. Concluding Remarks - Einstein
Albert Einstein
“Y h t l th l f th“You have to learn the rules of the
game. And then you have to play
better than anyone else.”
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30. Thank youThank you
Natalie MullinsMichael Sklash Natalie Mullins
Partner
Gowlings
Tel: 416-862-3515
Michael Sklash
Senior Hydrogeologist
Dragun Corporation
Tel: 416-800-2140 ext 120 Tel: 416-862-3515
natalie.mullins@gowlings.com
Tel: 416-800-2140 ext.120
msklash@dragun.com
With assistance from:
Julia Vizzaccaro
Associate
Tel: 416-862-4454
julia.vizzaccaro@gowlings.com
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